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Home My WebLink About1996-11-04 City CouncilCity of Pal{} Alto City Manager’s Summary Report 1( TO:HONORABLE CITY COL~CIL ATTENTION: FINANCE COMMITTEE FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE SERVICES/COMMUNITY SERVICES AGENDA DATE: NOVEMBER 4, 1996 CMR:423:96 SUBJECT:ARASTRADERO PRESERVE MANAGEMENT PLAN AND PROPOSED STEWARDSHIP AGREEMENT REQUEST This report transmits the Arastradero Preserve Management Plan for Council review and approval. This Plan will serve as the basis for solicitation of proposals for a Preserve Steward. A Request for Proposal (RFP) for Preserve Steward and related contract are also transmitted to the Council for review and approval. RECOMMENDATIONS The Arastradero Preserve Management Plan (Management Plan), RFP for a Preserve Steward, and proposed agreement with the Preserve Steward are presented for Council review and approval. POLICY IMPLICATIONS Council’s direction for the Arastradero Preserve is the creation of "a low intensity and minimal cost park, with ~mphasis on natural and open space amenities of the land and sensitivity to the fragile foothills ecology. Uses planned for the park should not duplicate those provided in urban neighborhood or regional parks." The proposed Management Plan is consistent with that direction. The Management Plan represents a significant update of the 1984 Arastradero Conceptual Master Plan, developed by the Arastra Citizens’ Advisory Committee and amended and adopted by the Council. The proposal to have a nonprofit organization provide assistance in the accomplishment of the goals of the Management Plan, CMR:423:96 Page 1 of 10 in the role of Preserve Steward, represents an extension to the City’s previous use of volunteer efforts. EXECUTIVE SUMMARY On May 13, 1996, Council approved the Arastradero Preserve project work plan (CMR:253:96). One element of the work plan addressed the development of the concept of a public/private partnership for assistance in removing the structures on the Preserve and restoring the habitat on the site after removal; and with respect to stewardship after the removal. Staff proposed bringing an Arastradero Management Plan to the Council, in order to provide guidelines for the long-term management of the Preserve and to define the role of a Steward, to work under the direction of City staff to achieve the objectives in the Management Plan. The Management Plan has been circulated to the environmental communit3,, neighbors of the Preserve and interested citizens. A public meeting was held on August 21, 1996, to discuss the Plan and to take suggestions and comments. Written comments were also solicited and received. FISCAL IMPACT Funding for City programs on the Arastradero Preserve is provided through the General Fund operating budget. Capital projects are also funded as part of the General Fund Capital Improvement Program (CIP). The newly created Arastra Fund will provide resources for uses approved by the Arastra Fund Advisory Committee. The Steward is anticipated to provide both volunteer and financial resources, which may include grant funding, as available. The RFP specifies that the Steward is responsible for providing the resources to undertake its responsibilities under the agreement, and that any funds raised by the Steward as~part of its responsibilities under this agreement must be used on the Preserve. ENVIRONMENTAL IMPACT ASSESSMENT An environmental impact assessment OEIA) was prepared for the project and determined that the project would have a less-than-significant impact on the environment, and that a Negative Declaration should be prepared. The Negative Declaration was made available for public review for a 20-day period from October 10 through November 4, 1996, and is attached to this staff report. ATTACHMENTS/EXHIBITS Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Arastradero Management Plan Summary of 1984 Arastradero Conceptual Management Plan Request for Proposal for Preserve Steward Proposed Stewardship Agreement Environmental Impact Assessment, Negative Declaration CMR:423:96 Page 2 of 10 PREPARED BY: John Walton, Superintendent, Open Space and Sciences Emily Harrison, Deputy City Manager/Administrative Services DEPARTMENT HEAD APPROVALS. ~:L, ~ ~4~’~ gmil)-I-Iarrison - --- \- Deputy City Manager, Administrative Services CITY MANAGER APPROVAL: g CC: n!a CMR:423:96 Page 3 of 10 City of Palo Alto City Manager’s Report SUBJECT:ARASTRADERO MANAGEMENT PLAN AND REQUEST FOR PROPOSALS FOR ARASTRADERO PRESERVE STEWARD BACKGROUND A comprehensive history of the Arastradero Preserve is contained in Chapter 1 of the Arastradero Management Plan (Attachment 1). In 1983, Council appointed an Arastra Citizens’ Committee, which prepared recommendations to the Council on management of the Preserve. The work of the Committee was reviewed by the Planning Commission, which made additional recommendations, and subsequently adopted by the City Council as the 1984 Conceptual Master Plan. An update on the status of each of the 1984 Conceptual Master Plan elements is provided as Attachment 2. It is important to note that actions of the John Marthens Lane neighborhood and the City Council significantly altered the 1984 Conceptual Park Master Plan after its adoption. On March 11, 1996, after numerous unsuccessful attempts to lease the structures on the Preserve for various purposes, the Council adopted a five-point plan for the disposition of the structures on the Preserve, and gave direction to staff to explore opportunities for leveraging City resources to ensure future maintenance and oversight of the Preserve. This direction included: Proceed with the removal of the structures, utilizing the prior budget funding of $90,000, with the focus on the reuse and recycling of the materials from the structures, and report back to the Council prior to the removal of the structures; Pursue the implementation of the habitat restoration in the areas where the structures are currently located; o Explore the potential for a new modest facility as a gateway to the Arastradero Preserve, with the potential reuse of the materials from the existing structures; o Explore the possibility of a public/private partnership for both the structural work and habitat restoration implementation steps and with respect to the "stewardship" concept and; CMR:423:96 Page 4 of 10 o Pursue with the individuals represented by Attomey Theodore Carlstrom their contribution of $350,000 to the City in connection with carrying out the steps in the recommendation. On May 13, 1996, Council adopted a work plan to implement the five-point program. This report addresses Element 4 of the Council direction, the public/private partnership for the structural work and habitat restoration on the site of the former structures, and the development of the "stewardship" concept. MANAGEMENT PLAN Development of the stewardship concept underscores the need for an overall Management Plan for the Arastradero Preserve. The proposed Arastradero Management Plan (Management Plan) is intended to provide specific management objectives and facilities standards designed to implement Council direction for a low-use Preserve that does not duplicate amenities found in other areas, and that protects the fragile foothills ecology contained within the Preserve.. The Management Plan also responds to changes in usage of the Preserve, particularly increased weekend and bicycle use, through the removal and restoration of informal bicycle trails, increased signage and increased interpretive services on the Preserve. The Management Plan contains the following elements: Introduction: The introduction summarizes the purpose for the Management Plan, Council Policy and Mission Statement, and the responsibilities of the City Council and each of the City departments which have involvement on the Preserve, as well as the responsibilities for the Steward and of the community. Chapter 1: History of the Arastradero Preserve: The City’s acquisition of the Preserve, and subsequent Council action in providing direction as to the Preserve’s purpose and usage, are summarized. The history of the controversy over the use of the structures on the Preserve is also contained in this chapter. Chapter 2: Interpretive Services and Research: This chapter sets out the role of the City as directing the Steward in the provision of limited interpretive services on the Preserve, as well as in providing potential research on the ecological and human impact on the Preserve. Chapter 3: Open Space Management and Habitat Protection: This chapter discusses the specifics of how staff intends to follow Council direction to maintain the Preserve in as natural a state as possible, recognizing that some human involvement will be necessary to protect native plant and animal species. Activities covered include fire management, poison CMR:423:96 Page 5 of 10 oak management, habitat restoration, management of non-native invasive weeds, tree trimming, lake management, riparian habitat management and wildlife management. Chapter 4: Construction and Maintenance of Facilities: This chapter covers the trail systems on the Preserve, road repair and maintenance, signs and fence standards, picnic areas and benches, trash receptacles, restrooms, drinking fountains and horse watering troughs, the parking lot, bicycle racks and the potential gateway facility. Chapter 5: Utilities Department Maintenance Responsibilities on the Preserve: The Utilities Department plays a larger role than any other City department (except, perhaps, the Fire Department) on the Preserve. The purpose of this chapter is to discuss the City’s policy on such issues as the need for the Utilities to access the Preserve to maintain the infrastructure which provides electric, as well as water, gas and wastewater utility services, to the City’s foothills customers. ¯Appendix: Responsibilities of the Steward: Although the Steward’s role is discussed throughout the Management Plan in conjunction with each of the elements, staff felt it would be helpful, as well, to summarize the main responsibilities of the Steward in a separate appendix. The Management Plan is intended to be a "living" document, which will be updated as specific projects on the Preserve are completed, and as new information about management of open space lands becomes available. PUBLIC MEETING ON DRAFT MANAGEMENT PLAN On August 21, 1996, a meeting was held at the Palo Alto Cultural Center to review the proposed Management Plan. Prior to the meeting, 350 copies of the draft Management Plan were mailed to local and regional environmental organizations and agencies, neighbors of the Preserve and interested citizens. In addition, flyers were posted and copies of the draft Management Plan were made available at the Civic Center, Lucie Stem Community Center, Junior Museum and Zoo, Foothills Park and the City’s six libraries, Comments from the members of the public who attended the meeting centered around some key areas: o o Concern about increased use of the Preserve by the public, and about the perceived lack of visible ranger presence; Questions and concerns about the gateway facility and what may be intended; Questions about the stewardship concept, and about the funding for the Steward’s activities; CMR:423:96 Page 6 of 10 Recommendation to prioritize funding and staffing resources to be used first to rehabilitate or enhance natural amenities in the park before addressing the man-made amenities such as picnic benches, portable toilets, etc.; and Recommendation to avoid multi-use trails, and to try to segregate mountain biking away from sensitive riparian corridors and crossings, as well as exploring the potential for looped trails for bikers. Reinforce the concept of Arastradero Preserve being a natural, undeveloped, low intensity park. Staff received letters from those who could not attend the public meeting, as well. Quite a number of letters implored the City not to prohibit mountain biking on the Preserve. This is not the intent of the Master Plan, which instead, reiterates the City’s desire to have multiple uses on the Preserve. One letter pointed out, however, that the original Citizens Committee had recommended the pursuit of a two-trail system, with one trail exclusively for hikers and joggers, with the other being multiple use. Staff has worked to maintain the existing trail system and has not devoted resources toward trail expansion. Staff believed this was consistent with Council direction to maintain a low impact, low cost facility which protected the natural values of the area. Staff will re-evaluate the entire trail system to determine the status of trails and may recommend a change in the trail system, in light of visitor use. Any recommendations will be brought to Council for review and approval prior to implementation. Other issues raised in the letters included: Concern about the removal of non-native plants from the Preserve and the method used; o Concern about discing; o o o o Concern about the construction of a gateway facility, and a request to prioritize this below protection and restoration of the natural habitat on the Preserve; Support for a full-tithe, ranger assigned to the Preserve; Concern about the use of the Arastra Fund by the Steward; and Concern about oversight of Utilities Department work on the Preserve CMR:423:96 Page 7 of 10 STEWARDSHIP AGREEMENT In response to Council direction, staff has prepared an RFP for a Preserve Steward. Staff is optimistic that, with a strong collaborative effort, a stewardship for the Preserve will succeed. The stewardship has the potential to provide human and financial resources to achieve the primary goals and objectives of the Management Plan, with the City retaining overall management control. The intent of the RFP is to create a five-year commitment with a five-year option for the stewardship of the Arastradero Preserve. The Steward would, under the direction of the Superintendent of Open Space and Sciences, perform the following functions: o o 0 o o o o o o Habitat restoration Removal and control of non-native, invasive weeds Trail maintenance and repair Erosion control Interpretive programs Ecological research in order to monitor the resources and impacts of primary uses on the Preserve Mobilization of volunteers Fund raising for Steward-conducted projects and programs on the Preserve Provide input on a conceptual plan for a new gateway feature These activities are presumed to be done at little or no cost to the City. The Steward will be required to provide insurance coverage and will also indemnify the City. The City will retain overall responsibility for management for the Preserve. Staff is proposing to solicit proposals for stewardship of the Preserve by issuing the attached RFP (Attachment 3). The responses to the RFP will be evaluated, based on the proposer’s ability to protect the Preserve, provide the intended services£ and willingness to cooperate with the City staff. FISCAL IMPACT Funds for the Arastradero Preserve are included in the City General Fund operating budget and in the General Fund CIP. The newly-created Arastra Fund will also provide funding for projects. Use of the Ar.astra is dependent upon the approval of the Fund’s Advisory Committee, composed of three City representatives and two donor representatives. The Arastra Fund agreement states that: "The ,Fund shall be designated for the purpose of receiving and accumulating funds to be used exclusively for the enhancement of the public open space of Arastra Park, commonly known CMR:423:96 Page 8 of 10 as ’Arastradero Preserve.’ The primary and initial purpose of the Fund shall be the payment of the costs and expenses of the City of Palo Alto as may be incurred by it in connection with the demolition or removal of the existing structures.., on the lands of Arastra Park... and the clearing of the sites where such structures now stand, as well as restoration to an open space environment. To the extent that the funds contributed are not fully required or expended for the primary and initial purpose, the Advisor)’ Committee may recommend funds be used for the construction of a modest gateway structure at the park or for the activities and programs of the City of Palo Alto at Arastra Park." The Steward is anticipated to provide both volunteer and financial resources, which may include grant funding, as available. The RFP specifies that the Steward is responsible for providing the resources to undertake its responsibilities under the agreement, and that any funds raised by the Steward as part of its responsibilities under this agreement must be used on the Preserve. All activities and programs on the Preserve will be presented for Council approval during the annual budget process. This will include any activities that may have the participation of the Steward. If staff anticipates requesting funding for any programs in the budget being requested from the Arastra Fund, this will be made explicit in the budget forwarded to the Council for approval. It is not anticipated that the Steward would make any application to the Arastra Fund on its own. POLICY IMPLICATIONS Council’s direction for the Arastradero Preser,’e is the creation of "a low intensity and minimal cost park, with emphasis on natural and open space amenities of the land and sensitivity to the fragile foothills ecology. Uses planned for the park should not duplicate those provided in urban neighborhood or regional parks." The proposed Management Plan is consistent with that direction. The Management Plan represents a significant update of the 1984 Arastradero Conceptual Master Plan, developed by the Arastra Citizens’ Advisory Committee and amended and adopted by the Council. The proposal to have a nonprofit organization provide assistance in the accomplishment of the goals of the Management Plan, in the role of Preserve Steward, represents an extension to the City’s previous use of volunteer efforts. ENVIRONMENTAL ASSESSMENT An EIA was prepared for the project and determined that the project would have a less-than- significant impact on the environment and that a Negative Declaration should be prepared. The Negative Declaration was made available for public review for a 20-day period from October 10 through November 4, 1996, and is attached to this staffreport. CMR:423:96 Page 9 of 10 ALTERNATIVES Staff believes there needs to be a long-term plan for the use of the Arastradero Preserve, in order to better protect the natural habitat and to prevent further degradation of this habitat through inappropriate use and the encroachment of non-native, invasive weeds. Alternatives would be to maintain the Preserve with existing limited resources and with existing standards, or to substantially increase the City’s allocation of financial resources to maintain the Preserve. C1VER:423:96 Page 10 of 10 CITY OF PALO ALTO MANAGEMENT PLAN FOR THE ARASTRADERO PRESERVE Purpose The purpose of this Management Plan is to provide guidelines for staff implementation of City Council direction regarding the management of the Arastradero Preserve and the Hewlett-Mullen property. Council Policy and Mission Statement At its meeting of July 23, 1984, the City Council adopted a Conceptual Master Plan for the creation of a "low intensity and minimal cost park, with emphasis on the natural and open space amenities of the land and sensitivity to the fragile foothills ecology. Uses planned for the park should not duplicate those provided in urban neighborhood or regional parks." The Conceptual Master Plan was based, in large part, on the recommendations of an eight-member Arastra Citizens Advisory Committee. This statement became, and remains, the mission statement for the Preserve. This Plan incorporates habitat preservation as its primary goal, while at the same time providing for appropriate public access and activities. In instances where public access and activities conflict with the natural values of the Preserve, the preservation of the natural values of the Preserve shall prevail. Responsibilities The City Council is responsible for providing policy direction on all use of the Arastradero Preserve. The public’s use of the Preserve is regulated by ordinances contained within the City’s Municipal Code. The Community Services Department has primary responsibility for implementing the elements of this Plan. Enforcement of the City’s Municipal Code, as it relates to the Arastradero Preserve, will be the responsibility of the park ranger staff, with support from other City departments. Park rangers will also have a major role in responding to fire and medical emergencies on the Preserve. 8/5196 1 The Steward, which will be a .nonprofit, local, community-based organization, may be used in maintaining the Preserve. The mission of the Steward would be complimentary to the mission of the Preserve and would enter into a contractual agreement for designated shared stewardship responsibilities for the Preserve. Working under the direction of the City, the Steward will assist in habitat restoration, removal and control of non-native, invasive weeds, trail maintenance and repair, educational activities, research and riparian habitat management. Funding for activities conducted by the Steward will be the responsibility of the Steward, and may be generated by donations of cash and in-kind services, volunteer activities and grants and other sources. The Steward will also actively participate with City staff and, should it be formed, the Arastradero Advisory Committee, in the planning and development of a gateway facility. The Steward’s role for each of these areas are discussed in more detail in the Appendix to this Plan. Notwithstanding, the overall administration and management of the Arastradero Preserve remains the responsibility of the City of Palo Alto. The Department of Public Works is responsible for the oversight and coordination of capital improvement projects on the Preserve. The Utilities Department is responsible for maintenance of all electric, gas, water and wastewater facilities on the Preserve. Their activities are described in greater detail in Chapter 5 of the Management Plan, "Utilities Department Maintenance Responsibilities on the Preserve." The Fire Department is responsible for wildlands fire prevention and suppression on the Preserve through implementation and revision of the Foothills Fire Management Plan. The Department’s activities are described in greater detail in the chapter on "Open Space Management and Habitat Protection". The success of this Management Plan is directly related to the support the Preserve receives from the community. This support may come as financial contributions for specific activities on the Preserve, from individual volunteers working on projects, and from nonprofit organizations which provide groups of volunteers to assist in such activities as trail maintenance and repair, litter removal, erosion controls, and habitat restoration. 8/5/96 2 CHAPTER 1: HISTORY OF THE ARASTRADERO PRESERVE In August 1969, Arastra Ltd., the owners of the Arastradero property, applied for a Planned Community zone change for construction of 1,776 dwelling units. The City denied this proposal. During this same period, the City hired a consultant to study land use and the ability of the City to provide services to potential foothills developments. The City Council amended the Comprehensive Plan in June 1971, to include most of the foothills area in "Open Space - Controlled Development." An Open Space Element for the General Plan was subsequently adopted in April 1972. That year, the City also adopted an Open Space zone district, which required an average of ten acres per dwelling unit. In September 1972, Arastra Ltd. sued the City, claiming $15.6 million in damages, plus interest, attorney’s fees and costs. Litigation proceeded for the next three years. In September 1975, the U. S. District Court ruled in Arastra Ltd.’s favor that the zoning amounted to a "taking" of Arastra’s property and that all that remained to be completed was determination and payment of the value of the land as of September 1972. The City was ordered to purchase the land. Arastra Ltd. and City officials met several times and reached agreement out of court to settle the suit. A settlement fee of $7,475,000 was paid to Arastra Ltd. in July 1976, and the City became the fee owner of the property, which, in addition to the approximately 510 acres, included a six-bedroom, 5,965 square foot house, a large barn and a second, small two-bedroom house. In 1981, the Council adopted an ordinance dedicating 432.781 acres of the Arastradero Preserve as park land. In 1992, the Council dedicated 77.219 acres of the Preserve as park land. In addition, in 1982 the Council dedicated 99.002 acres of the Hewlett-Mullen property as park land. Although not officially a part of the Arastradero Preserve, the Hewlett-Mullen property is included as part of this Management Plan. The total acreage for the area contained within the Plan is around 609 acres. In March 1992 (C!vlR: 165:92), staff requested Council direction as to the future of the improvements within the Arastradero Preserve. Staff recommended the demolition of the main and small houses, with the retention of the barn for use by the Recreation, Open Space and Sciences Division. Council, instead, directed staff to proceed with a Request for Proposal (RFP) to solicit alternatives for use of the structures on the Preserve, consistent with the requirements of the park dedication ordinance. In July 1993 (CMR:432:93), staff presented the responses to the RFP. The Challenge Learning Center (CLC) responded and then withdrew its proposal, citing in its decision to withdraw the "unwarranted, large time and expense anticipated in dealing with the opposition raised by Arastradero neighbors, and the fact that staff would not be able to recommend the proposal to Council in light of neighborhood concerns." Staff again recommended the demolition of the main 8/5/96 3 house, as well as the small house, and the retention of the barn. Council, instead, referred the question of the disposition of the Preserve main house to the Policy and Services Committee for "consideration of subdividing the home for use as a single-family residence or other options that may be determined." The Policy and Services Committee recommended to Council, and Council ultimately approved, demolition of both the main house and caretaker’s house. On June 19, 1995, Council approved the 1995-96 Capital Improvement Program, which included $90,000 for a project to dismantle the Arastradero main house and caretaker’s house: At that time, however, Council directed staff to prepare an RFP for use of the main house, prior to proceeding with removal. Staff transmitted the RFP to Council in October 1995, and after receiving approval, solicited proposals. Proposals were received; from Bay Area Action and the Children’s Tree House. Staff recommended that Council reject both proposals. On March 11, 1996, Council adopted the staff recommendation to reject both proposals and further directed staff to take the following steps: 1) proceed with the removal of the structures, utilizing the prior budget funding of $90,000, with the focus on the reuse and recycling of the materials from the structures, and report back to Council prior to the removal of the structures; 2) explore the possibility of a public/private parmership for both the structural work and habitat restoration implementation steps and with respect to the "stewardship" concept; 3) pursue with the individuals represented by attorney Theodore Carlstrom their contribution of $350,000 to the City in connection with carrying out the steps in the recommendation; 4) pursue the implementation of the habitat restoration in the areas where the structures are currently located; and 5) explore the potential for a new modest facility as a gateway to the Arastradero Preserve, with the potential reuse of the materials from the existing structures. On May 13, 1996, staff presented to Council, for which approval was received, a project workplan to implement Council direction for the Preserve. 8/5196 4 CHAPTER 2: INTERPRETIVE SERVICES AND RESEARCH Interpretive services and research on the Arastradero Preserve will be the responsibility of the City of Palo Alto, with the active support of the Steward. City. staffwill review and approve all proposed Steward interpretive and research activities on the Preserve and will evaluate such activities for their impact on the Preserve, and for their value to the community. Interpretive Services Limited interpretive services will be provided by both City staff and the Steward, with sensitivity to the natural values of the Preserve. These services will include programs on the natural and human history of the Preserve, as well as programs on habitat restoration and research activities. These programs will be made available both during the week and on weekends and will be designed to assist the public in developing a better understanding and appreciation of the unique natural values of the Preserve. Based on usage, and in order to protect the natural values of the Preserve, City staff may place limitations on the number and types of interpretive programs offered by both the Steward and the City. Research Activities The Arastradero Preserve provides an oppommity for research on the effects of human activity on natural systems. Although minimally developed, the Preserve has had a long human history, which included livestock grazing. Proposed research on ecological and human impact on the Preserve will be approved in advance by the City. The City will also monitor all research activities to ensure that such activities do not negatively impact the natural values of the Preserve and provide a benefit to the community. The intent is for this research to directly benefit the Preserve through the identification of issues related to habitat restoration and preservation, and the possible development of management techniques designed to maintain the Preserve in as natural a condition as possible. Another goal of research on the Preserve is to provide information which will assist in the management of other open space areas in the region. 8/5/96 5 CHAPTER 3: OPEN SPACE MANAGEMENT AND HABITAT PROTECTION Although nature preserves are intended to be maintained with minimal human activity, there are several situations which require active human involvement to protect native plant and animal species and to maintain the habitat in as natural as state as possible. One element of the 1984 Conceptual Master Plan for the Preserve was to, "Return the land to its natural state as much as possible, with protected plantings of native oaks and elimination of intruding vegetation, using ecologically sound methods, and eventually placing utilities underground." In addition, on August 13, 1990, the City Council established a policy for overall open space management and habitat protection, which contained the following components: The official policy of Palo Alto will be to retain natural habitat, except in areas where qualified City personnel certify that plants create a fire hazard or on firebreaks, roads or trails which are routinely maintained. In times of higher fire danger, when public safety concerns require the use of nonroutine fire prevention methods, the policy of the City of Palo Alto will be to use the least intrusive methods on open space lands. These methods, in the order they are to be used, are: Establish fire lines on the perimeters of open space lands, leaving the centers natural. Mow, rather than disc, fire lines when the terrain permits, Disc fn’e lines. Use herbicides as a last resort. o Prior to weed abatement activity, staff will identify and mark for protection any suspected nesting sites for burrowing owls or other ground dwelling animal species. Herbicides shall not be used for weed abatement, except for the control of poison oak in high use areas or interfering with City weed abatement activity. The use of herbicides for this purpose is to be at the discretion of the Superintendent of Open Space and Sciences. Private land owners should be encouraged to follow City policies on weed abatement. 8/5/96 6 Fire management Given the above policy guidelines, Open Space and Fire Department staff will maintain the disced fuel breaks on the Arastradero Preserve, as outlined in the 1982 Foothills Fire Management Plan. This includes the discing of most perimeters which border homes and all perimeters of the 77-acre parcel. The only exception to the Foothills Fire Management Plan is that the disc lines on the Preserve will continue to be maintained at 60 or 120 foot widths, depending on the location of the disc line. Staff from Open Space Division and the Fire Department will continue to work with the discing contractor and concerned citizens over the issues of habitat disruption and the loss of seedling oaks within the disc lines. In addition, staff will direct the Steward in the identification and marking for protection of any suspected sites for burrowing owls. Although included as an element of the City’s Fire Management Plan, proscribed burning of sections of the Preserve is not now being considered. Poison Oak Management Compared with other open space lands operated by the City, poison oak is not a major problem on the Preserve. When found in areas of potential high use, generally along trails and around Arastradero Lake, poison oak will be controlled by trimming or removal, with the use of herbicides as a last resort. Poison oak management will remain the responsibility of the City, with support, as appropriate, from the Steward. Habitat Restoration Working under the direction of the City, the Steward will design and recommend a habitat restoration plan for the Preserve. Upon approval, the City will implement the plan with the active support of the Steward. The plan will include: Habitat restoration on the site of the former houses and barn. Development of a tree planting plan and implementation schedule, incorporating the use of local, native sources of trees, with an emphasis on the re-establishment of oaks on the Preserve. Habitat restoration of other sections of the Preserve. 8/5/96 7 Maintenance of restored areas during the first few years of new vegetation growth. This includes watering of plants and removal of any remaining non-native invasive weeds. Monitoring of habitat restoration activities, to determine the effectiveness of the plan and to identify areas for further research or effort. Habitat restoration activities may require the closing of sections of the Preserve for periods of time, to allow grasses, trees and shrubs to become established. Areas to be closed for habitat restoration will be approved by the City. Appropriate signs will be installed to notify the public of the areas closed. These signs will be posted, both in the parking lot and adjacent to the closed area(s). Management of Non-Native Invasive Weeds Non-native, invasive weeds are encroaching on the natural habitat of the Arastradero Preserve. These include but are not limited to: Canary Grass Yellow Star Thistle Bull Thistle Bristly Ox-Tongue Poison Hemlock Fuller’s Teasel Fennel Italian Thistle French Broom Pampas Grass The Steward will develop and submit to the City a recommended plan for the removal or control of non-native, invasive weeds. Upon approval, the City and Steward shall implement the plan. Methods of control of non-native invasive weeds will include: Hand and mechanical clearing of the plants, including removal of root stock Mowing prior to the full development of seeds or fruiting bodies Re-seeding of cleared areas with native plants, primarily grasses Planting of native trees and shrubs 8/5/96 8 Tree Trimming Trees on the Arastradero Preserve are trimmed or removed only when they create a hazard to the public. This usually involves trees which are along roads or on the trail system. City staff wilt respond to any tree issues on the Preserve. Trimming of trees along the edge of the utility, road will be the responsibility of the City. Lake Management City staff is responsible for the removal of pondweed and cattails from Arastradero Lake. This work is accomplished through mechanical harvesting of materials to maintain fishing and viewing access to the Lake. No chemicals are used to control pondweed and cattail growth. Materials harvested are composted on site, to reduce the costs of transporting the materials to the City’s Refuse composting facility. Periodic fish creel census or other assessment work will be conducted by City staff to determine the health of the fish population in Arastradero Lake. There are no plans for restocking the Lake with fish. This is consistent with the 1983 Conceptual Master Plan. There are no plans to perform any lake management activities on the small lake, sometimes referred to as John Soby Lake. Riparian Habitat Management Working with an existing citizens’ committee, the City will proceed with the Public Works Department’s Capital Improvement Projects for seismic repairs to Arastradero Lake dam and for repairs or replacement of the culvert system and erosion control on Arastradero Creek, between Arastradero Lake and the Preserve’s southern boundary. The role of the Steward will be to assist the City in riparian habitat management along Arastradero Creek. Wildlife Management Wildlife management on the Preserve will be limited during the first few years of this Plan to observations and research related to existing animal populations. The City and the Steward will work collaboratively on the development of a long range wildlife management plan, when appropriate. 8/5/96 9 The City’s Wildlife Management Team will continue to collect information related to mountain lion sightings on the Preserve, and will continue to inform the public of any changes in mountain lion activity in the area. City staff will work closely with the State Department ofFish and Game and the U. S. Fish and Wildlife Service regarding any management issues related to mountain lions on the Preserve. 8/5/96 10 CHAPTER 4: CONSTRUCTION AND MAINTENANCE OF FACILITIES Trails Formal trails on the Preserve are generally former access roads, constructed before the property was acquired by the City in 1976. Because of increased traffic of all kinds on the Preserve, numerous informal trails have become established. These are particularly evident since the Preserve became a popular area for mountain bike activities. Generally, trails will be maintained by removing overhanging vegetation, repairing the trail tread, and controlling erosion. The City will work with the Steward to close informal trails as part of the habitat restoration plan for the Preserve. Signs stating "Trail Closed: Habitat Restoration" will be installed at the junctions of formal and informal trails. Under direction of City staff, soil preparation and seeding of informal trails will be conducted by the Steward. In addition, an active program of educating the public about the proper use of the Preserve and its trail system will be implemented by the City with the support of the Steward. Sections of the formal trails on the Preserve may be closed for maintenance or habitat restoration. Trails may be closed to equestrian, bicycle, pedestrian or all travel during wet weather, when such traffic would damage the trail surface. Signs notifying the public about trail closures will be posted in the parking lot and at trail heads and trail junctions. One of the significant current issues related to the management of the Preserve is mountain bike activity on both the formal and informal trails. Staff has noticed a considerable increase in the number of informal trails (called "single-track" by mountain bike enthusiasts), which contribute to overall environmental degradation of the Preserve, and which increases the potential for erosion and accidents. Based on the Municipal Code, bicycles are restricted to formal trails and the utility road. Staff will increase its efforts to educate bicyclists to the need to stay on the formal trails. Staff and the Steward will work together to remove informal trails through habitat restoration. And, as a last resort, staff will use its citation powers to enforce the ordinances protecting the Preserve. As plans for the development of the modest gateway facility develop, the entire trail system on the Preserve will be re-evaluated to determine the status of the trails in light of visitor use. In addition, depending on location, the trails leading to and from the gateway facility may need to be re-designed and re-routed. Standards contained in the 1996 East Bay Regional Park District’s Trail Manual will be used in the evaluation process. All facility upgrades, including trails, will be performed in compliance with the Americans with Disability Act. 8/5/96 11 Road Repair and Maintenance The utility access road, the road to the Corte Madera water tank and the gravel extension to John Marthens Lane are the only designated "all-weather" roads on the Preserve. As mentioned elsewhere in this Plan, the utility access road is maintained by the Utilities Department. As part of the proposed Arastradero Creek Capital Improvement Program (CIP) work, a section of gravel road downstream from Arastradero Lake will be removed and a parallel section will be upgraded to "all weather" status. All other roads will be maintained, and there are no plans to improve any other sections of road in the Preserve. Signs and Fence Standards In keeping with the low intensity use for the Preserve, the sign standards for the Arastradero Preserve are as follows: Signs will be made of painted aluminum, with a brown background and yellow lettering. The signs will be mounted on one (or two, if needed) 4-inch x 4-inch redwood post, extending no more than four feet above the ground. The intent is to have the signs accomplish their intended purpose without becoming the dominant features of the landscape. The only exceptions to this standard are the retention of the existing large wooden signs with routed lettering. These signs will be maintained until they need to be replaced; the sign standards will then apply. Split rail fencing will be the fence standard for future fencing projects on the interior of the Preserve. The existing fencing will be maintained along the perimeter, with replacement fencing being installed only in areas where there is a need to protect the Preserve from unauthorized access, including motor vehicles and motorcycles. Trail markers will be redwood 4-inch x 4-inch posts, with painted 4-inch-wide aluminum signs bolted in place. Additional signs will be added, as needed, to direct visitors and mark areas where habitat restoration is occurring or to provide trail closure information. Because large, carved wooden trail signs and interpretive displays in parking lots and at trail heads are often targets of vandalism, trail maps will continue to be made available in the parking lot. Printed trail maps may also be available at Arastradero Lake. 8/5/96 12 A large, display showing the trail system and other features of the Preserve may also be included in plans for the gateway facility, particularly if the parking lot is relocated. Picnic Areas and Benches Presently, there are no picnic facilities on the Preserve. Staff would propose installing a single picnic table next to Arastradero Lake, to provide a location where visitors can stop and rest, eat and view the Lake. The table would be made of galvanized leg supports, with wooden benches and tabletop. No other picnic facilities are proposed. Benches are presently found in several locations on the Preserve. Bench standards will be comparable to those used in Foothills Park. Benches will be made of wood, stained light green and constructed in such a way as to minimize maintenance and vandalism. Because there have been several requests in the past two years, staff proposes to develop a process for the installation of memorial benches on the Preserve. These would be purchased and installed l~y the donor, with direction from City staff. These benches would be located in areas where they would not diminish the natural values of the Preserve. Trash Receptacles Trash receptacles are located at the parking lot and around Arastradero Lake. There are no plans for additional trash receptacles on the Preserve, in keeping with the philosophy that visitors to the Preserve should carry their trash out with them. Restrooms Two portable restrooms are located at the parking lot, one of which provides handicapped access. An additional handicapped-accessible portable restroom is proposed for the Arastradero Lake area, to provide access closer to the center of the Preserve. Drinking Fountains and Horse Watering Troughs Drinking fountains exist at the parking lot and at the barn. Staff proposes to retain the drinking fountain at the parking lot and relocate the foimtain at the barn to a different location, away from the site of the structures. In addition, staffproposes the installation of a drinking fountain at Arastradero Lake. Staff also proposes moving the horse trough from the barn site to Arastradero Lake. 815/96 13 Parking Lot and Bicycle Racks The temporary 35-space gravel parking lot presently located on the 77 acre portion of the Preserve, does not meet present and anticipated future needs. The present lot often becomes full on warm weekend days. Staff has been requested to place gravel on the 20-space, unsurfaced overflow parking area, therefore opening it to year-round use. Action related to this request is being deferred until decisions related to the purpose, location and design of the gateway facility are under way. It is anticipated that there will be only one parking lot for the entire Preserve, which will remain unlighted and closed when the Preserve is closed. Bicycle racks in the Arastradero Road parking lot are rarely used. Most park visitors with bicycles either transport them in vehicles to the parking lot and then ride them onto the Preserve or ride them directly onto the Preserve from other locations. Bicycle parking will be included in any designs for changed parking related to the gateway facility. Gateway Facility As part of the workplan for the Preserve approved by the City Council on May 13, 1996, staff will explore the potential for a new, modest facility to be used as a gateway to the Arastradero Preserve. In addition, an Arastradero Advisory Committee will be formed to assist in the development of the gateway facility plan. The development of the gateway design concept will be completed between July, 1997 and October 1998. 8/5/96 14 CHAPTER 5: UTILITIES DEPARTMENT MAINTENANCE RESPONSIBILITIES ON THE PRESERVE Electric Utility The electric utility service for the Alexis Drive area, Foothills Park and other City electric customers in the foothills is provided by the 12,470-volt overhead electric power lines entering the Arastradero Preserve from Arastradero Road near Tracy Court. The overhead electric lines continue into the Preserve and split near Arastradero Lake and the Corte Madera Booster Station. One leg continues overhead toward Alexis Drive, then goes underground along Alexis Drive and the adjoining streets. The main line continues overhead along Arastradero Creek. The overhead line splits again near the Boronda Reservoir. The main line continues a short distance overhead into Foothills Park. A tie line goes underground to the end of Alexis Drive, providing an alternate feed into the Alexis Drive area, should the direct buried underground cables along Alexis Drive fail. The overhead facilities are standard wood poles with eight to ten-foot wood cross arms. The three current-carrying wires are installed on insulators on top of the cross arm. The wood poles (fir) are treated with approved preservatives to extend their life. Their expected life is 30 years. However, because of the increased exposure to termites and insects, the last set of poles along Arastradero Creek lasted only 20 years. The poles were replaced in 1993-94. City-owned low-voltage communication cables are often mounted on the power poles and buried near the underground cables. These cables (about 1 inch in diameter) provide interconnection between water pumps, gas pressure sensors, water reservoirs, fire stations and radio facilities. Some maintenance of these facilities is necessary, usually when a problem with a communication circuit develops. Access roads to inspect, repair and operate all overhead facilities need to be maintained. The most likely cause of emergency repairs is winter weather. Heavy rain and winds blow trees and branches into power lines. When this occurs, heavy tracks must have access to the damaged facilities, often during the storm itself, to make timely repairs. Repairs cannot be performed without heavy vehicle access. The areas near overhead facilities must be kept clear of trees, grasses, and brush (fuel sources). State of California codes require a ten-foot radius of cleared land around all poles with operable devices (switches, fuses, transformers, and comer poles). Trees must be trimmed or removed that overhang power lines or that may fall or be blown into power lines. Tree trimming can usually be done every two to three years. Ground clearing must be done annually. 8/5/96 15 Water, gas and wastewater utilities Water, gas, and wastewater (WGW) lines enter the Arastra Property from the south side of Arastradero Road, approximately 3/8 of a mile west of Page Mill Road. The water and sewer lines also continue in a westerly direction on Arastradero Road for about a mile. This branch of the sewer line terminates at this location. The water line continues along Arastradero Road, and then enters the Preserve again and extends to the 1.5-million-gallon steel Corte Madera Reservoir. The WGW lines entering the Arastra Property nearest Page Mill Road continue in a southwesterly direction on the property to and past the Arastradero Lake and Corte Madera Pump Station. The lines then continue along the alignment of the new Arastradero Creek utility access road on into Foothills Park, except for the gas main. After following the access road for approximately 1200 feet, the gas main turns southeast and extends into the Palo Alto foothills neighborhood (Alexis Drive area), where it then ends. These lines were constructed between 1962 and 1969 in anticipation of major development in the Palo Alto foothills. Although they have been well maintained, repairs will be necessary as these systems continue to age. The depth of these systems will require the City to dig large shored trenches to facilitate repairs. Large equipment, backhoes and dump trucks are necessary for underground repairs on the water, gas and wastewater lines. 8/5196 16 APPENDIX: RESPONSIBILITIES OF STEWARD Working under the direction of the City, the Steward will develop and submit to the recommended habitat restoration plan for the Preserve, which will include: Habitat restoration on the site of the former houses and barn. City a Development of a tree planting plan and implementation schedule, incorporating the use of local, native sources of trees, with an emphasis on the re-establishment of oaks on the Preserve. Habitat restoration of other sections of the Preserve. Maintenance of restored areas during the first few years of new vegetation growth. This includes watering of plants and removal of any remaining non-native invasive weeds. Monitoring of habitat restoration activities, to determine the effectiveness of the plan and to identify areas for further research or effort. Working under the direction of the City, the Steward will develop and submit to the City a recommended aggressive program of non-native, invasive weed removal and control. All plans for such weed removal and control will be consistent with established City policy and will be approved by the Superintendent, Open Space and Sciences prior to implementation. Vegetation to be removed and/or controlled includes, but is not limited to: Canary Grass Yellow Star Thistle Bull Thistle Bristly Ox-Tongue Poison Hemlock Fuller’s Teasel Fennel Italian Thistle French Broom Pampas Grass 8/5196 17 Methods of control will include: Hand and mechanical clearing of the plants, including removal of root stock Mowing prior to the full development of seeds or fruiting bodies Re-seeding of cleared areas with native plants, primarily grasses Planting of native trees and shrubs Under direction of the City, the Steward will maintain the existing formal trail system. Construction of new trails or significant upgrades to any existing trails in the Preserve will be done through the active collaboration of the City, the Steward and other volunteers. City Staff will work closely with the Steward to close informal trails in an effort to restore habitat. Under direction of the City, the Steward will be involved in riparian habitat management along Arastradero Creek. The City and the Steward will work collaboratively on the development of a long range wildlife management plan, when appropriate. Poison oak management will remain the responsibility of the City, with support, as appropriate, from the Steward. The Steward will assist the City in the provision of limited interpretive services. With the approval of the City,, research on ecological processes and human impact will be designed and conducted by the Steward. Staff anticipates that the Steward will be actively involved with developing the plan for a gateway facility. 8/5/96 18 ATTACHMENT 2 STATUS SUMMARY OF 1984 ARASTRADERO CONCEPTUAL MASTER PLAN On July 23, 1984, Council adopted the Arastradero Park Conceptual Master Plan. The Conceptual Master Plan had been originally developed by the Arastra Citizens Advisor?, Committee. The "action items" in the Plan are summarized below. Each item’s status is reported on, with the "action item" shown in bold, followed by status. As mentioned in the staff report, subsequent Council and Arastradero neighborhood actions significantly altered the 1984 Conceptual Park Master Plan. Return the land to its natural state as much as possible, with protected plantings of native oaks and elimination of intruding vegetation, using ecologically sound methods and eventually placing utilities underground. Staff and community volunteers have collaborated whenever possible to provide for the planting of both oak seedlings and acorns in protected areas of the Preserve. This has met with limited success. Until recently, staffhas not had the resources to Support planting efforts because of workload issues in other areas, the lack of a planting plan for the Preserve, and the lack of proper equipment for watering seedling oaks. If approved by Council, City staff will work on the development of a plan for habitat restoration on the Preserve, assisted by the Preserve steward. This will include the creation of a tree planting plan. Planting activities will be facilitated by the planned purchase of equipment this year, and the Preserve steward will be asked to assist here, as well. Non-native, invasive weeds are encroaching on the natural habitat of the Arastradero Preserve. Staff and volunteer efforts related to the control and removal of weeds has thus far been marginally successful. Some weed removal has been accomplished around the parking area and in other small areas of the Preserve. The Preserve Steward can also assist the City in this effort. The placement of the utilities on the Preserve underground is not presently a priority. ¯ City staff will work to implement this project as future resources permit. o Implement the trail system, which includes access to regional trails and multiple use for horseback riding, bicycling and hiking. Formal trails on the Preserve are generally former access roads, constructed before the property was acquired by the City in 1976. Although trail maintenance has occurred, trail restoration and improvements have been minimal and have been with the active involvement of volunteers. Discussions continue with other agencies regarding the connection of the Preserve’s trails into a regional trail system. o Reducing the pasture land to a minimum over a five-year period and placing the pasture horses in paddocks in order to maintain the same number of horses on the property See Item 4. °Maintain the barn as a self-supporting stabling facility through the use of a lease or concessionaire arrangement. On May 11, 1987, due to concerns over the amount of traffic on John Marthens Lane, the Council directed staff to proceed with a lease with the Youth Hostel from the main house and to terminate the use of the stables. Within a year, the.stable was closed and the paddocks and pasture fencing were removed. On March 11, 1996, Council approved a workplan which includes removal of the barn in Spring 1997. °Convert the large house into a youth hostel, run by American Youth Hostel Association, for use as an inexpensive traveler lodge and community meetiog place. On August 24, 1987, Council approved a 10-year lease of the main house to the Golden Gate Council of American Youth Hostels. On September 27, 1987 adjacent neighbors filed for and were granted a temporary restraining order, preventing’the use of the main house as a hostel. The neighbors brought suit against the City and the Youth Hostel, claiming the City’s environmental review was inadequate. The Superior Court ruled in favor of the residents, holding that an Environmental Impact Report (EIR) was required for the project. The Youth Hostel appealed the decision. However, the Court of Appeal upheld the Superior Court decision. In order to resolve the issue of attorneys’ fees, the parties agreed to a settlement. As part ofthe settlement, the Youth Hostel and the City agreed to barring American Youth Hostels, Inc., and the Golden Gate Council of American Youth Hostels, Inc. from ever having a hostel on the Arastradero Preserve or having anyone under its employ or on its 2 o behalf from ever occupying the main house. Other attempts were made to use the main house, until the Council on March 11, 1996 directed staff to proceed with the removal of the structures, as part of the Arastradero workplan. Create the primary access to the property from the proposed Arastradero Road parking lot, while John Marthens Lane will be used as an access for the stable and the hostel. See Items 4 and 5. 10. 11. 12. Protect and maintain the park with the use of two full-time rangers, one of whom will live on the property. As directed by Council, the stablemaster’s house was repaired, and was occupied by a ranger on March 15, 1985. Due to restrictions in the revised Fair Labor Standards Act and the Public Employees Retirement System (CMR:426:6, August 21, 1986), the resident ranger plan had to be terminated. Dedicate the seventy-seven acres on the north side of Arastradero Road and the one acre surrounding the large house as park land. The 77 acres was dedicated as park land by the Council on September 8, 1992. Decrease the cost of construction for trails through the use of volunteer labor. See 2 above. Bicycle parking facilities for between 10 and 15 bikes be provided in the Arastradero Road parking lot in a visible location. There are currently 10 bicycle parking slots at the Arastradero Road parking lot. An off-road bicycle, path paralleling Arastradero Road be included in the Park Master Plan as a long-term improvement and in cooperation with Los Altos Hills, Santa Clara County and San Mateo County. There are no current plans for this project. Trash receptacles be provided in the Arastradero Road parking lot in a location not visible from the road. Trash receptacles are available in the parking lot. 13.A gate be provided at the trail connection with the Paseo Del Robles trail easement and locked during evening hours when the park is not open. A gate has been installed and is kept locked at all times. A horse stile has been installed next to the gate, providing full access to the Preserve. Public access by use of this trail head has been minimal and has not justified the staff cost of opening and closing the gate. 14.The Paseo Del Robles trail connection not be included on trail maps. This trail connection is not included on the trail maps. 15.The future trail connection to Alexis Drive be eliminated from the trail plan. This connection was eliminated from the trail plan. 16.The City fund all trail development with the use of volunteer labor, but that equestrian use of unimproved trails be prohibited during the wet season. See 2 above. In addition, staff will begin this fall to close equestrian access to unimproved sections of the trail system during wet weather. 17.The stable operation be leased as-is, without City-funded improvements. The lease parameters should set forth use limitations and required improvements of the lease, in compliance with the recommendations for the stable operation by the Arastra Citizens Advisory Committee. See 4 above. 4 ATTACHMENT 3 INVITES YOUR PROPOSAL FOR STEWARDSHIP OPPORTUNITY ON THE ARASTRADERO PRESERVE PROPOSAL PACKAGE STEWARDSHIP OPPORTUNITY CITY OF PALO ALTO ARASTRADERO PRESERVE I.GENERAL DESCRIPTION The Arastradero Preserve and the Hewlett-Mullen Property, commonly known as the Arastradero Preserve, comprise 609 acres of natural open space. The Preserve is located in the Foothills on Arastradero Road between Page Mill Road and Alpine Road. PRESERVE POLICY The City’s policy for the Preserve is to create a low intensity and minimal cost park with emphasis on natural and open space amenities of the land and sensitivity to the fragile foothills ecology. Uses planned for the Preserve should not duplicate those provided in urban neighborhoods or regional parks. STEWARDSHIP AGREEMENT-DESIRED SERVICES The City is searching for a Steward that, under the direction of the Superintendent of Open Space and Sciences, will accomplish habitat restoration, removal and control of non-native, invasive weeds, mobilize volunteers and perform trail maintenance and repair, and erosion controls, in accordance with City policy and the Arastradero Preserve Management Plan. The Steward, under the direction of the Superintendent of Open Space and Sciences, will also provide education programs, as well as conduct ecological research to monitor the Preserve resources and the impacts of the uses on the Preserve. SUMMARY OF STEWARDSHIP AGREEMENT PROVISIONS Some of the Stewardship Agreement provisions are highlighted below. This information is not intended to be definitive but is intended to provide a basic summary of the major provisions. It is the responsibility of each prospective proposer to review the Proposal Package and the documents contained in the package and make such further investigation as necessary to insure that he/she fully understands the nature of the undertaking and the obligations he/she will assume if the proposal is accepted. Term of the Agreement: The successful proposer will be awarded a five year stewardship with a five year option to renew. Supervision: Steward will undertake all its activities on the Preserve under the supervision of the City Superintendent of Open Space and Sciences. 3.Educational Programs: educate the public about the Preserve and its amenities. 3.5STEWARDSI,’I!P/ARASRFP - 1- o 61 7. Ecological research: monitor the resources and the impact of the usage on the Preserve. Volunteers: Mobilize volunteers and organize fund raising for Preserve projects and programs. Cost: Stewardship services will be provided at Steward expense. Other services: Stewed may also perform other services related to the preservation, protection and enhancement of the Preserve, as approved in writing by City. Insurance: Steward shall maintain the following insurance acceptable to the City throughout the terms of the Agreement. The policy or policies of insurance maintained by the steward shall provide the following limits and coverage, with the City being named as additional insured under the policy or policies: POLIC~Y MINIMUM LIMITS OF LIABILITY WORKER’S COMPENSATION COMPREHENSIVE AUTOMOBILE LIABILITY including owned, hired, and non-owned automobiles Statutory Bodily Injury $1,000,000 Property Damage $1,000,000 ea. person ea. person COMPREHENSIVE GENERAL LIABILITY including products & completed operations, broad form contractual, and personal injury. Bodily Injury $1,000,000 $1,000,000 $1,000,000 Property Damage $1,000,000 Personal Injury $1,000,000 ea. person ea. occurrence aggegate ea. occurrence ea. occurrence 9.Assignment: The Ageement is not assiDaable. 3.5STEWARDS HIP/ARAS RFP -2 - STEWARDSHIP PROPOSAL PACKAGE ARASTRADERO PRESERVE This Proposal Package includes a summary of the proposal requirements and procedures, and the Proposal Forms (Proposal, Questionnaire and Stewardship Agreement). PROPOSAL REQUIREMENTS AND PROCEDURES A.HOW TO SUBMIT A PROPOSAL In order to submit your proposal you must: Complete and sign the attached PROPOSAL PACKAGE and PROPOSER’S QUESTIONNAIRE (Attachment A) (Do not sign the Stewardship Agreement) (Attachment B) 2.Return the above in a sealed envelope before the due date and time to: Manager, Contract Administration City of Palo Alto, First Floor 250 Hamilton Avenue P.O. Box 10250 Palo Alto, Calif. 94303 3.Mark the envelope: "Arastradero Stewardship Agreement" opening Proposals will be opened at 3:00 p.m. in the City Council Conference Room, 250 Hamilton Ave, Ca. To be considered, all proposals must be received prior to this time. B.PROPOSALS SHALL BE UNCONDITIONAL The terms and conditions of the Stewardship Agreement are fixed. The intent of the proposal format is to allow the proposer an opportunity to examine, in detail, all the terms and conditions of the Stewardship Agreement. Any condition or qualification attached to a proposal may be sufficient cause for the proposal to be rejected at the discretion of the City Council or the City of Palo Alto. 3.5STEWARDSHIP/ARASRFP -3- C.REQUIRED PROPOSAL INFORMATION AND EVALUATION OF PROPOSALS Proposal documents will be reviewed and evaluated by a committee made up of City staff. Review of proposals shall consider many factors, including but not limited to the following: 1.Proposed plan for performing habitat restoration. o. Proposed educational progams with regard to providing the uses which best benefit the community. 3.Experience of proposer and staff in performing similar services. All proposals, together with the evaluation committee’s recommendation for a successful proposer will then be forwarded to the City Council. for its selection of the successful proposer. The City Council reserves the right to reject any and all proposals or to accept that proposal which, in its opinion, will best serve the public interest. 3.5STEWARDSHIP/ARASRFP -4- PROJECT: ARASTRADERO PRESERVE STEWARDSHIP AGREEMENT PROJECT NO: PROPOSAL PACKAGE (With Stewardship Agreement) THIS IS A PROPOSAL TO PROVIDE STEWARDSHIP SERVICES FOR PROPOSER NalTle~ Address: (Please print) Phone No. Home ( )Work ( ) The undersigaaed ("PROPOSER"), hereby submits a proposal to the City of Palo Alto, ("CITY") to acquire a Stewardship more fully described in the Stewardship Agreement (ATI’ACHMENT B) and its exhibits, in accordance with the terms, covenants, and conditions contained in this PROPOSAL and in the Stewardship Agreement. A.TERMS AND CONDITIONS PROPOSER has carefully read and fully understands this PROPOSAL document and the Stewardship Agreement attached to this PROPOSAL, including its exhibits. The form of this Stewardship Agreement, and its exhibits, is an integral part of this PROPOSAL and must be attached to this PROPOSAL. o PROPOSER warrants that it has the capability to successfully undertake and complete the responsibilities and obligations of STEWARD contained in the Stewardship Agreement and its exhibits. 3.5 STEWARDSHIP/ARAS RFP This PROPOSAL may be withdrawn at any time prior to the time set for opening the proposals but may not be withdrawn after the time set for such opening, i.e., ~ o Within ten (10) days after notification of the acceptance of this PROPOSAL by CITY, PROPOSER will execute copies of the Stewardship Agreement in duplicate and deliver to CITY the executed copies of said agreement. PROPOSER has fully completed the Proposer’s Questionnaire (Attachment A). The completed Questionnaire and the Stewardship A~eement with its exhibits are attached to this PROPOSAL together with any appropriate or requested supplemental material. i0. 11. PROPOSER represents that all of the information contained in or supplementing said Questionnaire is true and correct to the best of PROPOSER’s knowledge. CITY reserves the right to reject any or all PROPOSALS and to accept that PROPOSAL which will, in its opinion, best serve the public interest. By submission of this proposal, PROPOSER acknowledges and agees that the CITY has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in this Questionnaire, and authorizes the release to CITY of any and all information sought in such inquiry or investigation. ATI’ACHMENT A (Proposer’s Questionnaire), and ATTACHMENT B (Stewardship Agreement) are attached to and by this reference made a part of this PROPOSAL. PROPOSER acknowledges and agees that the Stewardship A~eement and its exhibits may be subject to change and further negotiation with the City, based on the proposed use by the successful PROPOSER for the stewardship of the Arastradero Preserve. PROPOSER (Pleasesi~) Date 3.5 STEWARDS HIP/ARASRFP -6- PROPOSER’S QUESTIONNAIRE All information requested in this questionnaire MUST be furnished by the PROPOSER, and MUST be submitted with the PROPOSAL. Statements must be complete and accurate. Omission, inaccuracy, or misstatement MAY be cause for rejection of this PROPOSAL. How did you learn of this PROPOSAL offering? ) ) ) Received City direct mail flyer Word of mouth Read about offering in following newspaper, magazine or newsletter: I. PROPOSER Name of PROPOSER exactly as it appears on the PROPOSAL and as it will appear on any proposed agreement with the City: Address of PROPOSER for purposes of notices or other communication relating to the PROPOSAL: Telephone Number of PROPOSER: ATTACHMENT A -7- II.,,,,, STATEMENT FOR PROPOSERS PROPOSER intends to operate as a Sole Proprietorship ( ); Partnership ( Venture ( ); or ); Corporation ( III. SOLE PROPRIETORSHIP STATEMENT If a Sole Proprietorship, furnish the following: 1.Name in full: 2.Address: ): Joint 3.Birthdate:Place of Birth: 4.California Driver’s Lic. No. Is proprietor doing business under a fictitious business name? If so, furnish evidence that proprietor is authorized to do business under such fictitious business name (e.g.) notice published in newspaper of general circulation; no. of filing with a County Clerk). IV. PARTNERSHIP.STATEMENT Ifa Parmership, furnish the following: 1.Date of Organization? 2.General Parmership ( ) Limited.Partnership ( ) 3.Statement of Parmetship recorded? Yes ( ) No ( ) Date Book Page County 4.Has the partnership done business in Santa Clara County? Yes ( ) No ( ) When? 3.ssr~wa~msun,/~sm~,ATTACHMENT A -8- Name, address, and partnership share of each general partner. Name Address Share Furnish the birth date, place of birth, and California Driver’s License number of each person shown above. V. CORPORATION STATEMENT If a Corporation, furnish the following: 1.When incorporated? 2.Where incorporated? 3.Agent for service: 4.Is the corporation authorized to do business in California? Yes ( ) No ( If so, as of what date: 5.The corporation as held: Publicly ( ) Privately ( ) 6.If publicly held, how and where is the stock traded? ATTACHMENT A -9- 7.List the following: 10. Authorized Issued Outstandin~ a. Number of voting shares: b. Number of non-voting shares: c. Number of shareholders: d. Value per share of common stock: Par $ Book $ Market $ Furnish the name, title, address, and the number of voting and non-voting shares of stock held by each officer, director, and principal shareholder. Furnish the birth date, place of birth, and California Driver’s License number of each person shown under Item 7 above. Attach a copy of Certificate of Good Standin~ obtainable from California Secretary of State. VI. NON-PROFIT CORPORATION STATEMENT If a non-profit corporation, furnish one copy of the following: Articles of incorporation Bylaws A letter from the Intemal Revenue Service stating that the organization is tax exempt under Section 501(c)(3) or 101(b) of the IRS Code. A tax-exempt status under Section 170(b) or 509(a) is also acceptable. The IRS letter must contain the proper name and address of the organization, or a copy of the change notice which has been forwarded to them. A letter from the State of California stating that the organization is tax exempt. State the mission of the organization: 3.SSTEWARDSHrP/ARASRFP ATTACHMENT A - 10- Please attach an organization chart showing Board of-Directors, members, if any, management and staffing levels. Please include a membership list of your Board of Directors, their City of residence, occupations, and dates of service on the Board. How often does your Board meet? What was the average attendance at Board meetings last year? VII. .JOINT VENTURE STATEMENT If a Joint Venture, answer the following: 1.Date of Organization 2.Joint Venture A~eement recorded? Yes ( ) No ( ) 3.Has the Joint Venture done business in Santa Clara County? Yes ( ) No ( ) When? 4.Name and address of each Joint Venturer: Name Address Furnish the birth date, place of birth, and California Driver’s License number of each person or principals or officers of any entity shown under Item 4 above: 6.Attach a complete copy of the Joint Venture A~eement and any amendments. 3.5STEWARDSHIP/ARASRFP ATTACHMENT A -11- ~II.FINANCIAL DATA S_D’RETY INFORMATION Have you ever applied for and obtained a bond? If so, provide details of most recent bond. Have you ever had a bond or surety denied, canceled or forfeited? Yes ( ) No ( ) If yes, attach a statement naming the bonding company, date, amount of bond, and reason for such cancellation or forfeiture. BANKRUPTCY INFORMATION Have you ever filed bankruptcy or been declared bankrupt? Yes ( ) No ( ) If yes, give details, state date(s), court jurisdiction(s), case docket number(s), amount of liabilities, and amount of assets. ATTA CHMENT A - 12- C.PROPOSED METHOD OF FINANCING STEWARDSHIP OBLIGATIONS Desribe your proposed means of financing the stewarship obligations, including any planned fund raising activities. D.FELONY INFORMATION Have you or any principals or officers of the partnership or officers or directors of the corporation, as applicable, ever been convicted of a felony? Yes ( ) No ( ) If yes, please state date(s), court location(s) and details of conviction. ATTACHMENT A - 13- IX.EXPERIENCE STATEMENT Describe in detail the duration and extent of your experience with special emphasis upon experience directly related to the type of operation proposed for this project. Also describe, in detail, the pertinent experience of the person or persons who will be directly involved in the development and/or management of the operation proposed for this project. Please include any experience in habitat restoration, volunteer coordination, creation of educational programs, trail maintenance and ecological research. 3.5STEWARDSHIP/ARASRFP ATTACHMENT A - 14- X. REFERENCES List at least four persons or firms with whom you have conducted business transactions during the past three years. At least two references named should have knowledge of your debt payment history. At least two references should have knowledge of your abilities to perform the operations described in previous experiences section above. REFERENCE NO. 1 Name: Firm: Title: Address: Zip Telephone: Nature and magnitude of financial or business association: REFERENCE NO. 2 Name: Firm: Title: Address: Telephone: Zip Nature and magnitude of financial or business association: ATTACHMENT A - 15- REFERENCE NO. 3 Name: Firm: Title: Address: Zip Telephone: Nature and magnitude of financial or business association: REFERENCE NO. 4 N ame ~ Firm: Title: Address: Telephone: Zip Nature and magnitude of financial or business association: 3.SSTEWARDSHIP/ARASRFP ATTACHMENT A - 16- XI. METHOD OF OPERATION Describe your specific plan for providing stewardship services on the Preserve. services and uses which you will seek permission to provide. Discuss any optional 3.SSTEWARDSHIP/ARASRFP ATTACHMENT A - 17- XII. OTHER INFORMATION Please provide any other information which you feel will be helpful in evaluating your ability to successfully provide stewardship services on the Preserve. 3.SSTEWARDSH~/ARASRFP ATTACHMENT A - 18- XIII. PROPOSED CHANGES TO DOCUMENT* If you believe changes to the forms of the Stewardship Agreement is necessary for you to successfully perform the services on the Preserve please identify the clauses requiring changes below and specifically indicate the nature of the required change on the document or on another sheet of paper. IMPORTANT -any proposed changes should relate to the particular proposed use. Remember that CITY may reject any or all proposals, and required revisions to the document may be grounds for rejection. Notwithstanding the foregoing, the form of the document may also be subject to change by the City and further negotiation, based on the City Council’ s selection of the proposed Steward for the Preserve. Clauses requiting Chan~,es: 3.SSTEWARDSHIP/ARASRFP ATTACHMENT A - 19- ATTACHMENT 4 STEWARDSHIP AGREEMENT BETWEEN THE CITY OF PALO ALTO, CALIFORNIA and THIS STEWARDSHIP AGREEMENT is made this day_ of 19 of Palo Alto, a California municipal corporation ("CITY"), and hereinafter referred to as "STEWARD". .by and between the City RECITALS CITY owns certain real properties, commonly -known as the Arastradero Preserve (510 acres) and the Hewlett-Mullen Property (99 acres) hereinafter referred to as "Preserve", located in Palo Alto, California, and shown on Exhibit "A" attached hereto and incorporated herein by this reference. o o CITY’S policy for the Preserve is "to create a low intensity and minimal cost park with emphasis on natural and open space amenities of the land and sensitivity to the fragile foothills ecology. Uses planned for the park should not duplicate those provided in urban neighborhood or regional parks." CITY’S plan for the Preserve is detailed in the Arastradero Preserve Management Plan, approved by the City Council on ., 199__, and attached hereto as Exhibit C and incorporated herein by this reference. The success of the Management Plan is directly related to the active support and involvement of the Community. STEWARD intends to benefit CITY and the public by providing services in accordance with the City’s policy as stated in item 2 above and in accordance with the City’s plan for the Preserve as detailed in the Arastradero Preserve Management Plan. Accordingly, under this Ag-reement, STEWARD will, under the direction of the City and through the use of supervised volunteers, provide education and research programs, and perform a variety of maintenance A:STEWARD - 1- and habitat restoration activities on the Preserve at Steward’s own expense. NOW, THEREFORE, in consideration of these premises, the parties hereto mutually agee as follows: I.PURPOSE It is the purpose of this A~eement is to have both parties to this Ageement cooperate in the preservation, protection and enhancement of the Preserve. SCOPE OF SERVICE The STEWARD shall: A.Coordinate all its activities on the Preserve with City Superintendent, Open Space and Sciences. D o Fo G° No Under the direction of the City, perform habitat restoration, removal and control of non-native, invasive weeds, trail maintenance and repair, litter removal, erosion control, and habitat restoration activities in accordance with the Arastradero Preserve Management Plan. Under the direction of the City, provide and staff educational programs to educate the public about the Preserve and its amenities. Under the direction of the City, conduct ecological research in order to monitor the resources and the impacts of visitor use on the Preserve. Under the direction of the City, mobilize volunteers for Preserve projects and progams. Under the direction of the City, organize fundraising for Preserve projects and programs. Beginning ...... 199__ and each year thereafter, STEWARD will submit a written annual work plan of activities to be carried out on the Preserve for the following fiscal year. STEWARD shall review the work plan or any modifications to the plan ,with City Superintendent, Open Space and Sciences and obtain Superintendent’s approval prior to any work. STEWARD may perform other services related to the preservation, protection and enhancement of the Preserve, as approved in writing by CITY. A:STEWARD -2- The CITY will: A.Provide overall management for the Preserve. Review all activities proposed for the Preserve. All activities of the Steward must be pre-approved by the CITY. Be responsible for maintenance of all of utility facilities within the Preserve, including those that do not benefit the Preserve directly. Do Be responsible for maintenance of all roads within the Preserve, signage, tree trimming and tree removal, fire management, law enforcement, and lake management. CITY may: No Provide its own educational programs, conduct research, do habitat restoration, remove and control non-native, invasive weeds, trail maintenance and repair, litter removal, erosion controls, raise funds, and supervise volunteers or contract with others to perform these duties. TERM The term of this Agreement shall be for five (5) years, commencing on 199__ and ending on 200w, unless terminated sooner as herein provided. OPTIONS TO EXTEND Vo Upon mutual agreement of CITY and STEWARD, the term of this Agreement may be extended for an additional five (5) years. TERMINATION Either party retains the right to terminate this Agreement upon thirty (30) days written notice. VI.CONTROL OF HOURS. PRICES AND PROCEDURES STEWARD shall have access to the Preserve for the uses specified in Clause 1I (SCOPE OF SERVICES) during all usual Preserve hours. STEWARD shall at all times maintain a written schedule setting forth the operating hours and operating procedures for each service provided on or from the Preserve. A:STEWARD -3- Upon written request, STEWARD shall furnish the City Superintendent, Open Space and Sciences with a copy of schedules and procedures. Should the Superintendent decide that any part of these schedules or procedures is not justified with regard to fairly satisfying the needs of the public, STEWARD, upon written notice from the Superintendent. shall modif), these schedules or procedures to the satisfaction of the Superintendent. Prior to issuing such a notice, the Superintendent or his representative shall personally review and confer with STEWARD or its representative. Because the PRESERVE is public property, and STEWARD and/or its representatives will be perceived by the public as acting for CITY, STEWARD wilt be expected to maintain a level of decorum among its employees and representatives working in the PRESERVE. STEWARD shall at all times retain active, qualified, competent, and experienced personnel to supervise STEWARD’S operation and to represent and act for STEWARD. STEWARD shall require its representatives to be courteous, efficient, and neat in appearance at all times. STEWARD shall not allow any person (s) in or about the Preserve who shall use offensive language and/or act in a boisterous or otherwise improper manner. STEWARD shall maintain a close check over volunteers, and to insure the maintenance of a high standard of service to the public. INSURANCE Minimum Limits and Forms of Coverage. STEWARD shall be responsible to ensure that the following insurance coverage acceptable to CITY is maintained in full force and effect throughout the term of this Ageement. POLICY MINIMUM LIMITS OF LIABILITY WORKER’S COMPENSATION COMPREHENSIVE AUTOMOBILE LIABILITY including owned, hired, and non-owned automobiles COMPREHENSIVE GENERAL LIABILITY including products & completed operations, broad form contractual, and personal injury. Statutory Bodily Injury $1.000,000 Property Damage $1,000,000 Bodily Injury $1,000,000 $1,000,000 $1,000,000 Property Damage $1,000,000 Personal Injury $1,000,000 ea. person ea. person ea. person ea. occurrence aggregate ea. occurrence ea. occurrence A:STEWARD -4- VIII. No Required Clauses. Insurance shall be in full force and effect before the term of this Agreement may commence. Every insurance policy required by this Agreement shall contain the following clauses: "This insurance shall not be canceled, limited in scope of coverage or nonrenewed until after thirty (30) days written notice has been given to: City of Palo Alto/Superintendent Open Space and Sciences, PO Box 10250, Palo Alto, Cal. 94303". "All rights of subrogation are hereby waived against the CITY OF PALO ALTO and the members of the City Council and elective or appointive offi- cers or employees, when acting within the scope of their employment or appointment." "The CITY OF PALO ALTO is added as an additional insured as respects operations of the named insured at or from the Preserve." "It is agreed that any insurance maintained by the CITY OF PALO ALTO will apply in excess of, and not contribute to, insurance provided by this policy." EVIDENCE OF INSURANCE COVERAGE AND/OR CHANGES No Certificate of Insurance. STEWARD agrees to deposit with CITY’S Superintendent, Open Spaces and Sciences, before the effective date of this Agreement, certificates of insurance necessary to satisfy CITY that the insurance provisions of this Agreement have been complied with, and to ensure that such insurance is kept in effect, with the certificates on deposit with CITY, during the entire term of this Agreement. Should STEWARD not provide evidence of such required coverage at least three (3) days prior to the expiration of any existing insurance coverage, CITY may purchase such insurance, on behalf of and at the sole expense of STEWARD, to provide six-months coverage. Review of Coverage. CITY shall retain the right, at any time, to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of the Risk Manager, the insurance provisions in this Agreement do not provide adequate protection for CITY and for members of the public using the Preserve, CITY’s Superintend~,nt, Open Space and Sciences may require an amount to provide adequate protection as determined by the Risk Manager. CITY’s requirements shall be reasonable and shall be designed to assure protection from and against the kind and extent of risk which exists at the time a change in insurance is required. A:STEWARD -5- Changes in Coverage¯ CITY’s Superintendent, Open Space and Sciences shall notify STEWARD in writing of changes in the insurance requirements; if STEWARD does not deposit copies of acceptable insurance policies with CITY incorporating such changes within sixty (60) days of receipt of such notice, or in the event STEWARD fails to ensure that the required insurance coverage is maintained in effect, this Agreement shall be in default without further notice to STEWARD. No Limit of Liability. The procuring of such required policy or policies of insurance shall not be construed to limit STEWARD’s liability hereunder nor to fulfill the indemnification provision and requirements of this Agreement. Notwithstanding said policy or policies of insurance, STEWARD shall be obligated for the full and total amount of any damage, injury, or loss caused by or connected with this Agreement, with the STEWARD’S use of the Preserve. Acceptability of Insurers. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:X. X.INDEMNITY STEWARD’s Duty to Indemnify CITY. Except as provided under Subclause X (B) below, STEWARD hereby waives all claims, liability and recourse against CITY, including the right of contribution for loss or damage of or to persons or property arising from, growing out of, or in any way connected with or related to this Agreement. STEWARD hereby agrees to protect, indemnify, hold harmless and defend CITY, its officers, agents, and employees, against any and all claims, loss, liability, demands, damages, cost, expenses or attorneys’ fees arising out of STEWARD’s performance or nonperformance of the terms of this Agreement. In the event CITY is named as co-defendant, STEWARD shall notify CITY of such fact and shall represent CITY in such legal action unless CITY undertakes to represent itself as co-defendant in such legal action, in which event STEWARD shall pay to CITY its litigation costs, expenses and attorneys’ fees. CITY’s Duty to Indemnify STEWARD. CITY hereby agrees to protect, indemnify, hold harmless and defend STEWARD, its officers, agents and employees, against any and all claims, loss, liability, demands, damages, cost, expenses or attorneys’ fees arising out of CITY’s negligent performance or nonperformance of its obligations under the terms of this Agreement. XI.NO PROPERTY RIGHTS The parties agree that this agreement confers no property rights upon STEWARD or its members or volunteers. Any work performed for the Preserve and any improvements placed or constructed A:STEWARD -6- thereon shall be done to CITY standards and approved by the City Superintendent, Open Space & Sciences and shall, upon acceptance, become the property of CITY. XII.ASSIGNING, SUBLETTING. AND ENCUMBERING PROHIBITED Since CITY has relied on the specific background and capabilities of STEWARD in awarding this Agreement, any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, or assignment (collectively referred to as ENCUMBANCE) of STEWARD’s interest in the Preserve or any part or portion thereof, is prohibited. Any attempted ENCUMBRANCE shall be null and void and shall confer no right, title, or interest in or to this Agreement. XIII. NOTICES Unless otherwise required by the terms of this Agreement, whenever notice is required by this Agreement, it shall be mailed, first class, postage prepaid, to the following: To CITY:To STEWARD: City Clerk City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 with a copy to: Superintendent, Open Space and Sciences City of Palo Alto P.O. Box 10250 Palo Alto, Ca 94303 XIV.ATTACHMENTS TO AGREEMENT This Agreement includes the following, which are expressly attached hereto and by this reference incorporated into this Agreement: Exhibit A - Map showing area of the Preserve Exhibit B - General Conditions Exhibit C - Arastradero Preserve Management Plan The inclusion of clauses in Exhibit B (General Conditions) is not in any way intended to lessen the importance of these clauses, but is merely done to enhance the organization of A:STEWARD ’ various clauses and this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor Date: Senior Asst. City Attorney STEWARD By: APPROVED:Its: City Manager Date: Deputy City Manager Administrative Services Dept. Superintendent, Open Space and Sciences A:STEWARD -8- EXHIBIT ~ GENERAL CONDITIONS DEFINITIONS CITY shall mean the City Council of the City of Palo Alto, a municipa! corporation. The City Manager is hereby authorized to take any actions under this Agreement. Clauses in this Agreement refer to specific officers or employees of CITY. Should these positions be eliminated or the title changes, it is understood and agreed that such references shall be considered to be to the new title for renamed positions or to the replacement official designated with the responsibilities of any eliminated position. NONPROFIT CORPORATE AUTHORITY & LIABILITY If STEWARD is a nonprofit corporation, each individual signing this Agreement on behalf of STEWARD represents and warrants that; he is duly authorized to do so in accordance with an adopted Resolution of STEWARD’S Board of Directors or in accordance with the Bylaws of the nonprofit corporation; and STEWARD is a duly qualified nonprofit corporation authorized to do business in Santa Clara County. TIME Time is of the essence of this Agreement. PERMITS AND LICENSES STEWARD shall be required to obtain any and all permits and/or licenses whic~ may be required in connection with the .operation of the Preserve as set forth in this Agreement. o AMENDMENT ORGANIZATION AND RULES OF CONSTRUCTION Words of the masculine gender shall be deemed and construed to A : STWEARDS / gen27- 0 --i--EXH. B include correlative words of the feminine and neuter genders. Unless the context otherwise indicates, words importing the singular number shall include the plural number and vice versa, and words importing persons shal! include corporations and associations, including public bodies, as well as natural persons. The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any Similar terms, as used in this Agreement, refer to this Agreement. All the terms and provisions hereof shall be construed to effectuate the purposes set forth herein, and to sustain the validity hereof. The titles and headings of the sections of this Agreement have been inserted for convenience of reference only, are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this Agreement or any provision hereof in ascertaining intent, if any question of intent shall arise. AMENDMENTS This Agreement sets forth all of the agreements and understandings of the parties and any modifications must be written and properly executed by both parties. UNLAWFUL USE STEWARD agrees that no improvements shall be erected, placed upon, operated, nor maintained upon the Preserve, nor any business conducted or carried on therein or therefrom, in violation of the terms of this Agreement, or of any regulation, order of law, statute, or ordinance of a governmenta! agency having jurisdiction over STEWARD’S use of the Preserve. NONDISCRIMINATION STEWARD and its employees shall not discriminate against any person because of race, color, religion, .ancestry, age, sex, nationa! origin, disability or sexual preference. STEWARD shall not discriminate against any employee or applicant for employment because of race,~ color, religion, ancestry, sex, age, national origin, disability or sexual preference. STEWARD covenants to meet all requirements of the Palo Alto A : STWEARDS / gen27- 0 -2-EXH. B Municipal Code pertaining to nondiscrimination in employment. If STEWARD is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the conduct of its activities under this Agreement by the State of California Fair Emp!oyment Practices Commission or the equivalent federal agency or officer, it shall thereby be found in default under this Agreement, and such default shall constitute a material breach of this Agreement. CITY shall then have the power to cancel or suspend this Agreement in whole or in part. 9.DISPOSITION OF ABANDONED PERSONAL PROPERTY If STEWARD abandons the Preserve or is dispossessed thereof by process of law or otherwise, title to any persona! property belonging to STEWARD and left on the Preserve forty-five (45) days after such abandonment or dispossession shall be deemed to have been transferred to CITY. CITY shall have the right to remove and to dispose of such property without liability therefor to STEWARD or to any person claiming under STEWARD, and shal! have no need to account therefor. i0.HAZARDOUS SUBSTANCES A. Definition. As used herein, the term "Hazardous Mater ials" means any substance or material which has been determined by any state, federal or !oca! governmental authority to be capable of posing risk of injury to health, safety, and property, including petroleum and petroleum products and all of those materials and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the California Water Quality Control Board, the U.S. Department of Labor, the California Department of Industrial Relations, the California Department of Health Services, the California Health and Welfare Agency in connection with the Safe Water and Toxic Enforcement Act of 1986, the U.S. Department of Transportation, the U.S. Department of Agriculture, the U.S. Consumer Product Safety Commission, the U.S. Department of Health and Human Services, the U.S. Food and Drug Administration or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term "Hazardous Materials" shall include all of those materials and substances defined as "toxic materials" in Sections 66680 through 66685 of Title 22 of the California A : STg~-A.RDS/gen27-0 --3--EXH. B Code of Regulations, Division 4, Chapter 20, as the same may be amended from time to time. B. STEWARD’S Use of Preserve. During the term of this Agreement, STEWARD shall abide and be bound by al! of the fol!owing requirements: STEWARD shall comply with all laws now or hereafter in effect relating to the use of Hazardous Materials on, under or about the Preserve, and STEWARD shall not contaminate the Preserve, or its subsurfaces, with any Hazardous Materials. ii.STEWARD shall restrict its use of Hazardous Materials at the Preserve to those kinds of materials that are normally used in constructing the Project. Disposal of any Hazardous Materials at the Preserve is strictly prohibited. Storage of such permissible Hazardous Materials is allowed only in accordance with all applicable laws now or hereafter in effect. All safety and monitoring features of any storage facilities shall be approved by CITY’S Fire Chief in accordance with all laws. iii. STEWARD shall be solely and fully responsible for the reporting of all Hazardous Materials releases to the appropriate public agencies, when such releases are caused by or result from STEWARD’S activities on the Preserve. STEWARD shall immed±ately inform CITY of any release of Hazardous Materials, whether or not the release is in quantities that would otherwise be reportable to a public agency. iv.STEWARD shall be solely and fully responsible and liable for such releases at the Preserve, or into CITY’S sewage or storm drainage systems. STEWARD shall take all necessary precautions to prevent any of its Hazardous Materials from entering into any storm or sewage drain system or from being released on the Preserve. STEWARD shall remove releases of its Hazardous Materials in accordance with all. laws. In addition to all other rights and remedies of CITY hereunder, if the release of Hazardous Materials caused by STEWARD is not removed by STEWARD within ninety (90) days after discovery by STEWARD, CITY or any other third party, CITY may pay to have the same removed and STEWARD shall reimburse CITY for such costs within five (5) days of CITY’S demand for payment. A : ST~TEARDS / gen2 7- 0 -4-EXH. B STEWARD shall protect, defend, indemnify and hold harmless CITY from and against all loss, damage, or liability (including all foreseeable and unforeseeable consequential damages) and expenses (including, without limitation, the cost of any cleanup and remediation of Hazardous Materials) which CITY may sustain as a result of the presence or cleanup of Hazardous Materials on the Preserve. vi.STEWARD’S obligation under this Clause shall survive the expiration or earlier termination of this Agreement. A : STWF.ARDS / gen27-0 -5-EXH. B EXHIBIT C ARASTRADERO PRESERVE MANAGEMENT PLAN (a copy of the Arastradero Preserve Management Plan, as approved by Council, will be attached as Exhibit C to the Stewardship Agreement) ATTACHMENT 5 ENVIRONMENTAL CHECKLIST FORM 1. Project Title:Conceptual Management Plan for Arastradero Preserve and contiguous park land (Hewlett-Mullen) 2. Lead Agency Name and Address: 3. Contact Person and Phone No.: City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 Emily Harrison, Deputy City Manager, Administrative Services 415-329-2533 4. Project Location:Arastradero Road, between Page Mill Road and Alpine Road (Palo Alto Foothills); Assessor’s parcel #182-35-40, 182-33-12 & 182-33-18 5. Project Sponsor’s Name and Address:City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 6. General Plan Designation~ 7. Zoning: Conservation PF(D) Public Facilities - Site and Design Review Combining District 8. Description of the Project: a. Existing Site Conditions- The subject property encompasses approximately 609 acres of open grassland and woodland located on Arastradero Road, south of Alpine Road and north of Page Mill Road (see Attachment #1 for Vicinity map). The property includes a series of rqlling hills, which are open and accessible to the general public. Other significant features found on this open land include the Arastradero Creek, which traverses the southern 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)1 ENVIRONMENTAL CHECKLIST FORM and central portions of the property, and the Arastradero Lake. The land is developed with a number of trails used for hiking, cycling and equestrian uses. A gravel parking lot (fronting Arastradero Road) provides public parking; this lot accommodates 35 parking spaces. The property also contains several structures, including a 5,965 square foot single-family dwelling, a caretaker’s house and a large barn; these structures are located at the north end of the property and are accessed from John Marthens Lane. Several portable restrooms are located near the parking lot. The 609 acres is owned in-fee by the City of Palo Alto and is well known as the Arastradero Preserve. Since the early 1980’s, the land has been maintained as an open space preserve providing access to and use by the general public. Although the property serves as public park land, it has historically provided passive recreation use. d. Background/History- In 1975, the City of Palo Alto purchased 510 acres of the subject property, which included the two residential dwellings and the barn structure located at the north end of the preserve. In 1981, the City dedicated 432.78 acre of the preserve as park land, followed by the City dedication of 77.219 acres of the preserve as park land in 1992. The contiguous 99 acre Hewlett-Mullen property, which is not a part of the preserve, was dedicated as park land in 1982. In July 1984, the City Council adopted a Conceptual Master Plan for the creation of an open space preserve. The intent of the plan was to establish a low intensity and minimal cost park, with emphasis on the natural and open space amenities and sensitivity to the fragile foothills ecology. Uses planned for the park should not duplicate those provided in urban neighborhood or regional parks. Since the City’s adoption of the Conceptual Master Plan, there have been several proposals for use of the preserve, with the most recent involving a reuse of the single-family residential dwelling and ancillary structures. In 1995, the City approved the 1995-96 Capital Improvement Program, whicl~ included funds for the demolition of the main single-family dwelling and rangers cottage. The budget allocates 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)2 ENVIRONMENTAL CHECKLIST FORM $90,000 for removal of the structures and reuse/recycling of the building materials. Demolition of the house, rangers cottage and barn, as well as the establishment of a location for temporary storage (for recycled building materials) were previously deemed Categorically Exempt under the California Environmental Quality Act. c. Project Description- The project involves the review and approval of a Conceptual Management Plan for the Arastradero Preserve. A copy of this conceptual plan is on file with the City of Palo Alto Office of Open Space and Sciences. Consistent with City policy maintain a low intensity park and to protect the natural values of the preserve, the management plan is intended to provide guidelines for improvements to and on-going maintenance of the natural features of the preserve. The major components of the Conceptual Management Plan are described as follows: Interpretive Services and Research All interpretive services and research on the preserve will be the responsibility of the City, with support from the property Steward. Services are proposed to be limited to programs on the natural and human history of the preserve, as well as programs on the habitat restoration and research activities. The City will monitor any proposed research activity to ensure that it does not negatively impact the natural values of the preserve. Open Space Management and Habitat Protection The following activities are identified in the conceptual plan to ensure that the preserve is properly managed and that habitat and. natural values are protected: * Implementation of a fire management plan by the City Fire Department. The Fire Department will continue to maintain the disced fuel breaks. Discing lines will continue to be maintained at 60 or 120 foot widths. Proscribed burning of sections of the preserve are not now being considered..The Open Space Division and the Fire Department will continue working with the contractor and citizens to ensure that habitat disruption and loss of seedling oaks in these disced areas is minimal. *Continued control and management of poison oak. Poison oak will continue to be controlled through trimming or removal with use of herbicides as a last result. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)3 ENVIRONMENTAL CHECKLIST FORM Development of a habitat restoration plan, including the management of non-native, invasive plants by a land steward. The issues to be addressed in this plan are outlined in #5, below. Tree trimming to ensure safe clearance for the public along trails and for utility equipment and vehicles. The management of Arastradero Lake. Lake management would include removal of pondweed and cattails .through mechanical means (harvesting and composting on the site, no use of chemicals) and periodic fish creel census. No restocking of the lake is proposed. Management of riparian habitat areas. The City Department of Public Works capital improvements projects include seismic repairs to the Arastradero Lake dam and replacement of the culvert system and erosion control on Arastradero Creek. Wildlife management. The City’s Wildlife Management Team will continue to collect information and monitor the site for mountain lion use and activities. Any changes in preserve activity will be reported to the California Department of Fish and Game and the US Fish and Wildlife Service. Construction and Maintenance of Facilities Construction and maintenance activities include the following: *Closure and restoration of informal trails, as well as maintenance of and improvements to the formal trails. *Redesigning and re-routing trails to and from the gateway facility. *Repairing and maintaining the existing roads within the preserve. This activity would include the installation of an all-weather surface material for a section of the gravel road located downstream from Arastradero Creek. *Installation of signs marking trails, parking, direction for visitors/hikers, equestrian s~gnage and marked areas where habitat restoration is occurring. Signs would be posted on 4 X 4 redwood posts and four feet in height. *Installation of split rail fencing to direct all cyclists, motor vehicles and motorcycles to authorized trail and road areas. *Installation of one wood picnic table in the area of ACastradero Lake and 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)4 ENVIRONMENTAL CHECKLIST FORM installation of memorial benches throughout the preserve. Trash receptacles are limited to the parking lot and Arastradero Lake area. No additional receptacles are proposed for the preserve. Installation of one additional handicapped-accessible portable restroom, proposed in the Arastradero Lake area. An additional drinking fountain would be installed in the Arastradero Lake area. In addition, the drinking fountain and horse trough located in the area of the large barn would be eliminated. The horse trough would be relocated to the Arastradero Lake area. Staff will explore the potential for a new, modest facility to be used as a gateway to the Arastradero Preserve. A new facility plan will be developed and will be subject to a separate environmental assessment. Potential installation of gravel to accommodate an area for an additional 20 parking spaces (proposed to be deferred until gateway facility is developed). Utilities Department Maintenance Responsibilities The Conceptual Management Plan proposes no changes to the existing utilities which are provided to or are present on the subject property. Minor maintenance of roads and the trimming of trees will be necessary to ensure continued access to utility lines, facilities and equipment by the Utilities Department: Securing a Property Steward The City of Palo Alto would enter into a contract with a non-profit, community- based organization to share stewardship responsibilities for the preserve. The steward will develop and submit to the Cityarecommended habitat restoration plan for the preserve that would include the following: *Habitat restoration on the site of the demolished house and barn + habitat restoration of other areas of the preserve; *Develop a tree planting and implementation schedule; *Maintenance of the restored areas for the first few years of completing the planting program; *Monitoring restoration activities *Develop an abatement program for removal and control of invasive weeds and non-native plants; 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)5 ENVIRONMENTAL CHECKLIST FORM Maintenance of the existing formal trails systems and closure of informal trails to restore habitat; and Participate in developing a plan for the gateway facility. o Other City of Palo Alto Responsibilities The City of Palo Alto Community Services Department would have the responsibility of implementing the elements of the plan, with enforcement provided by the Park Ranger staff and support from other City departments. As mentioned above, the Steward would be responsible for preparing and implementing the habitat restoration plan and assisting in the planning and development of a gateway facility. The Department of Public Works would be responsible for overseeing and coordinating the capital improvements on the preserve, while the Fire Department would be responsible for implementing weed abatement and providing continual fire service to the preserve. The responsibilities of the Utilities Department are outlined under #4, above. The Conceptual Management Plan proposes no changes to the open space land use, public access or current operations of the Arastradero Preserve or the contiguous Hewlett-Mullen park land. The plan is intended to implement appropriate measures for managing the park land consistent to City policies for limited use. 9. Surrounding Land uses and Setting: Surrounding uses include the Stanford Powers Lab to the north; large-lot single- family residential parcels and undeveloped lands to the north, northeast, west and south; the Palo Alto Hills Golf and Country Club to the east and Foothills Park to the southeast. The location of the subject property in relation to surrounding land is presented in Attachment #2 (Location Map). 10.Other public agencies whose approval is required: None required. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)6 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.. Land use and Planning Population and Housing Geological Problems Water Biological Resources Energy and Mineral Resources Hazards Noise Aesthetics Cultural Resources Recreation Mandatory Findings of Air Quality Transportation and Circulation Public Services Utilities and Service Systems Significance DETERMINATION" On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and X a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 1 find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (1) have been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)7 Paul Jensen, Pr Date Director of Planning & Community Environment Date EVALUATION OF ENVIRONMENTAL IMPACTS’ 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)8 Issues and Supporting Information Sources Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Significant.act Impact 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning?1, 2a,X 3a & 5 b) Conflict with applicable environmental plans or policies 2a,X adopted by agencies with jurisdiction over the project?2b, 5&6 c) Be incompatible with existing land use in the vicinity?1, 2a X & 3a d) Affect agricultural resources or operations (e.g. impact to 1, 2a X soils or farmlands, or impacts from incompatible land & 3a uses)? e) Disrupt or divide the physical arrangement of an 1, 2a,X established community (including a low-income or & 3a minority community)? 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population 2a, 2b X projections?& 2f b) Induce substantial growth in an area either directly or 2a, 2b X indirectly (e.g. through projects in an undeveloped area or & 2f major infrastructure? c) Displace existing housing, especially affordable housing?1, 2b X &6 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) .Seiche, tsunami, or volcanic hazard? 3e & 4a " 3e & 4a 3e & 4a 3e & 4a e) Landslides or mudflows?3e & 4a X 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)9 Issues and Supporting Information Sources Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact f)Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? g) Subsidence of the land? 3e 3e & 4a X h) Expansive soils?3e & 4a I)Unique geologic or physical features?3e & 4a 4. WATER. Would the proposal result in: a)Changes in absorption rates, drainage patterns, or the 9 X rate and amount of surface runoff? b)Exposure of people or proper~y to water related hazards 3f such as flooding? c) Discharge into surface waters or other alteration of 9 X surface water quality (e.g. temperature, dissolved oxygen or turbidity? d)9 X X Changes in the amount of surface water in any water body? e)Changes in currents, or the course or direction of water movements? f)Change in ;~he quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? 1&9 1&9 g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? I)Substantial reduction in the amount of groundwater 9 otherwise available for public water supplies? 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an exiting 2d, 3d or projected air quality violation?& 4b b) Expos~ sensitive receptors to pollutants 1&9 9 X X X X X X 2d, 3d & 4b 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)10 Issues and Supporting Information Sources Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact c) Alter air movement, moisture, or temperature, or cause 2d, 3d any change in climate?& 4b d) Create objectionable odors?9 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b)Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment))? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off-site? e) Hazards or barriers for pedestrians or bicyclists? f)Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 7. BIOLOGICAL RESOURCES. Would the proposal result in: a)Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals or birds)? b) Locally designated species (e.g. heritage trees)? c)Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g. marsh, riparianand vernal pool? e) Wildlife dispersal or migration corridors? 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b)Use non-renewable resources in a wasteful and inefficient manner? 2e, 3b &9 1&9 1&9 1&9 1&9 2e 1&9 2d & 3h l& 3h l& 3h 1&9’ l& 3h 2d 2d ’ I X X x X x X X X X X X x X 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)11 Issues and Supporting Information Sources Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporeted Less Than Significant Impact Impact c)Result in the loss of availability of a known mineral resource that would be of future valL~e to the region and the residents of the State? 9. HAZARDS. Would the proposal involve: a)A risk of accidental explosion or release of hazardous substances (including, butnot limited to: oil, pesticides, chemicals or radiation)? b)Possible interference with an emergency response plan or emergency evacuation plan? c)The creation of any health hazard or potential health hazard? d)Exposure of people to existing sources of potential health hazards? e)Increased fire hazard in areas with flammable brush, grass or trees? 10. NOISE. Would the proposal result in: a) Increase in existing noise levels? 2d 1&9 1&9 1&9 1&9 1&9 b) Exposure of people to severe noise levels? 3c, 4c &9 3c, 4c &9 X -X X X X a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: 7&9 X 7&9 7&9 7&9 X 7&9 12.UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or. substantial alterations to the following utilities: a) Power or natural gas?7 & 9 b) Communications systems?7 & 9 X X X x X 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)12 Issues and Supporting Information Sources Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact c)Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? 7&9 7&9 7&9 7&9 7&9 c) Create light or glare? 14. CULTURAL RESOURCES. Would the proposal: a) b) c) d) 1, 2c 1, 2c &9 1, 2c &9 X e) Disturb paleontological resources? Disturb archaeological resources? Affect historical resources? Have the potential to cause a physical change which would affect unique ethnic cultural values? Restrict existing reiigious or sacred uses within the potential impact area? 3j 3j 3i 3i & 3j 1&9 x x X X X X X X X X X 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks 2f, 6,X or other recreational facilities?7 & 9 b) Affect existing recreational opportunities?2f, 6,X 7&9 16. MANDATORY FINDINGS OF SIGNIFICANCE. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)13 Issues and Supporting Information Sources Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a)10 X b) c) d) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 10 10 10 X X X 17. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 © (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions of the project. ’ Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080 (c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 321094, 21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonofff v. Monterey Board of Supervisors, 222 Cal. App. 3d 1337 (1990). 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)14 Issues and Supporting Information Sources Source Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact 18. SOURCE REFERENCES 1 Field Investigation/Site Visit, August 12 and 15, 1996 2 4 6 Palo Alto Comprehensive Plan 1981-1995; a. Land Use Map (1981-1995) b. Land Use Element (1981) c. Urban Design Element (1981) d. Environmental Resources Element (1981) e. Transportation Element (1981) f. Schools and Parks Element (1981) Palo Alto Comprehensive Plan Update, Existing Summary Memorandum (1994) a. Map B-l, Existing Land Use Map b. Map B-2, PM peak Hour Level of Service c. Map B-4, Noise Exposure Contours d. Map B-5, Air Quality Contours and Sources e. Map B-6, Consolidated Geotechnical Constraints f. Map B-7, Flood Hazards g. Map B-11, Open Space and Recreation Facilities h. Map B-12, Sensitive Biological Resources I. Map B-13, Historic Resources j. Map B-14, Archaeological Sensitivity Areas Palo Alto Comprehensive Plan Update (1994) a. Geology and Seismic Technical Report, 1994 b. Air Quality Technical background Report, 1994 c. Noise Technical Background Report, 1994 Palo Alto Municipal Code- Title 18, Zoning Ordinance; a. Chapter 18.32, Public Facilities District (PF) Regulations b. Chapter 18.82, Site and Design Review Combining (D) District Regulations Arastradero Preserve Conceptual Master Plan, 1984 and the following related resource documents: a. Report of the Arastra Citizens Advisory Committee on Park Improvements and Policies, February 1984; b. Arastra Property Study Summary Report, Sedway-Cooke and R.W. Smith and Associates; 1981; and c. Foothills Environmental Design Study- Final Report, Livingston and Blayney; 1971. 7 Report to City Council regarding future improvements to the Arastradero Preserve (CMR:165:92), March 1992. 8 Report to City Council regarding Requests for Proposals (RFP) for alternative uses of structures located within the Arastradero Preserve (CMR:432:93), July 1993. 9 Conceptual Management Plan for Arastradero Preserve, August 1996. 10 Answers substantiated through the responses provided in items 1-9. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)15 19.EXPLANATIONS FOR CHECKLIST RESPONSES 3b & 3f Geologic Problems The subject property encompasses 609 acres of rolling hillsides in public park and preserve use. A review of the City of Palo Alto resource documents and maps addressing geology, seismicity and slope stability present the following information on the subject property: 1.The prope~y is placed in the consolidated geotechnical constraint classifications #2 and #3 (based on a range of 1-4 with 1 being the lowest potential for constraint and 4 being the highest level of constraint). 2.The property has the potential for experiencing three levels of ground shaking during an earthquake: weak, strong and very strong. 3. The property is within two risk zones: ’high’ and ’low’. High risk is associated with landslide-prone hillsides, while low risk areas would be subject to ground shaking during seismic activities. 4. The active San Andreas Fault is located several miles west of the preserve; the property is not located within the Alquist-Priolo Special Study Zone. Imoact~: The project proposes to implement a land management plan for the preserve and contiguous park land. Implementation of the management plan would result in a number of ~ geologic and soils impacts (e.g., seismic repairs to the Arastradero Lake dam associated with the riparian habitat management). These repairs would assist in the long-term stewardship of the land by reducing the potential for future geologic problems on the land. However, some of the construction activities associated with seismic repair of the dam could result in additional seismic impacts, unless properly designed, and potential, temporary construction impacts. Seismic repairs must be completed in accordance with the specifications recommended by a licensed professional to ensure that the work is properly designed and constructed. The policies and practices of the City of Palo Alto require that any construction work involving seismic repair be designed and monitored by a licensed engineer experienced in this field. Given this City requirement, potential impacts would be eliminated or would be at a less-than-significant level. Mitiaation Measur¢~: No mitigation measures are required. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)16 4a, c Water (Drair~ae/Hvdroloav) &d The subject property consists of 609 acres of hillside, which contains site features such as unpaved trails/roads and a parking lot. The Arastradero Creek traverses the southern and central portions of the property. The creeks flow is interrupted by the Arastradero Lake; flows are controlled by a dam. The Arastradero Creek continues downstream from the dam, eventually depositing into the Matadero Creek. Given that the site is in an upland area, it is not located within the FEMA flood hazard zone. ImDacts: The project proposes to implement a land management plan for the preserve and contiguous park land. No changes are proposed to the land use and operation of the property as a preserve and as park land. In addition, the implementation of the management measures outlined in the plan would not significantly change the physical improvements of the preserve and park land. Recommended measures such as the closing of informal, unauthorized trails (used by mountain bicyclists) and restoring the areas as part of a habitat restoration plan would significantly reduce the potential for erosion and would thus reduce impacts to water quality. The following management measures would typically have the potential to result in the erosion and sedimentation, additional runoff, as well as the potential for water quality impacts. However, the methods of management that are presented would either eliminate the potential impacts or would reduce them to less- than-significant levels: The recommendations for the fire management plan include the measure of discing for fuel breaks. Some methods of discing could result in some soil exposure which could lead to-erosion. The Fire Department has historically disced the preserve as part of a continuing weed abatement program. Consequently, the methods that have been implemented have not resulted in exposing soils and erosion. 2.Lake management measures recommended for Arastradero Lake would not involve the use of chemicals. All management measures are proposed to be implemented using mechanical means. Therefore, no new or additional water quality impacts to the lake are expected. 3.Installation of an ’all-weather’ surface for the gravel road located downstream from the Arastradero Lake could increase surface water runoff. The additional runoff generated by the new road surface would not be significant enough to be noticeable. The development of a new gateway facility could result in the introduction of new imperious surfaces (increasing runoff) and the potential for erosion and sedimentation. However, the specifics of this facility have not yet been developed. When developed, the facility will be subject to an independent of potential environmental impacts. 5.The potential installation of a gravel area to accommodate an additional 20 parking spaces (pending resolution of the gateway facility) would not result in new or significant runoff. Gravel provides a permeable/semi-permeable surface. Mi~iQation Measures: No mitigation measures are required. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)17 6a, d &e Transportation/Circulation The subject property is located between Alpine Road (Portola Valley) and Page Mill Road (Los Altos Hills); these roads are classified as arterials. Access to the Arastradero Preserve is provided by Arastradero Road, a two lane, local road which intersects with Alpine Road to the northwest and Page Mill Road to the southeast. According to the Transportation Element of the Palo Alto Comprehensive Plan (1981), Arastradero Road experiences between 2,300 and 3,100 vehicle trips during a 24-hour period. Arastradero Road traffic associated with the Arastradero Preserve/park land use peaks during the weekends. Parking, while limited to the existing gravel lot, has not been a problem with users of the preserve. The lot often becomes full on warm weekend days. Impacts: The management .plan proposes no changes to the basic land use, operations and/or activities of the preserve and park land. Therefore, no new traffic is expected to be generated by the project. Some traffic may be generated by the activities necessary to implement the recommendations of the management plan, these activities would not occur during peak periods of preserveand park land use. The management plan proposes the establish a gravel area to accommodate an additional 20 parking spaces. It is being recommended that the details of this lot be deferred to when the gateway facility plans are developed. Depending upon the location and the design of the lot, it not expected to result in significant traffic or circulation related impacts in that it would accommodate spillover parking from the existing lot, during peak periods of use. The specific design, location and size of the lot will be assessed for potential impacts when the gateway facility plan is developed. Mitiaation Measures: No mitigation measures are required. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)18 7a - d Bioloaical Resources The preserve and park land are located in the Palo Alto Foothills, an area which provides habitat for a number of diverse plant and animal species. The Arastradero Creek traverses the southern and central portions of the site; portions of this creek are vegetated. Plant communities found on the subject property contain northern mixed chaparral, non-native grassland and some oak woodland. ImBacts: The proposed management plan would not negatively impact the biotic resources of the preserve and park land. In fact, the management plan would implement measures that would improve the conditions of the land, thus creating better habitat for wildlife. As discussed above (Project Description), these implementing measures include the following: 1.Development of a habitat restoration plan, which would include the removal and management of non- native and evasive plants. Removal of the non-native/evasive plants and replanting with native species would significantly improve the habitat value of the land by permitting native species to re-establish. 2.Development of a management plan for the Arastradero Lake, which would include the removal pondweed and cattails. 3. Management of riparian habitat areas. Some of the activities associated with the implementing measures could result in temporary construction impacts such as dust, temporary erosion and trampling (from heavy equipment) causing damage to plants; however, these impacts would be insignificant. The Fire Department and the Open Space Division propose to work with the contractor to ensure that fire break discing methods ensure that there will be minimal habitat disruption and minimal loss of seedling oaks. Mitioation Measures: No mitigation measures are required. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)19 11a& d Public S~rvices The City of Palo Alto currently provides the following services to the preserve and park land: 1.Utilities Epartment- water and electricity 2.Fire Department- fire service and weed abatement (fuel breaks) 3.Police Department- surveyance 4.Open Space Division- preserve and park land management 5.Department of Public Works- capital improvements Impacts: The management of the preserve and park land will continue to require the services of the City departments. Although the management plan recommends measures that would provide a greater demand of service from the City departments, this would not result in significant environmental impacts because of the following: 1.The management plan proposes no changes to the basic land use or operation of the preserve and park land. 2.The management plan recommends that the City enterin{o an agreement with a land steward for preparing, implementing and managing the restoration plans. 3.The seismic repair measures for the Arastradero Lake dam and replacement of the culvert system, as well as erosion control measures proposed for the Arastradero Creek are fully funded for completion under the Department of Public Works Capital Improvement Program. MitiQation Measure~: No mitigation measures are required. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)20 13b /~esthetics 15a& b The subject property is located in the Palo Alto Foothills and is characterized by its open, rolling hills. The hills provide a visual backdrop to the surrounding lands and significantly contribute to the landscape of the foothills. As discussed under the project description section of this .assessment, City policies limit recreation use of this land to a low intensity activities with the intent to emphasize on the natural and open space amenities and sensitivity to the fragile foothills ecology. The limited use and improvements on this land enforce its aesthetic importance. Impacts: The management plan proposes a number of measures that would help improve the natural and biotic resources on the land. Likewise, a majority of these measures would not result in significant physical improvements to the land that would impact its visual quality. The following improvements proposed as part of the management measures would result in some physical changes to the land. These improvements would either result in an improvement to the visual quality of the land which include the following: 1.Potential development of a new, gravel parking lot to accommodate 20 spaces. 2.Habitat restoration, which could include new tree plantings. 3.Installation of new trash receptacles, benches, wood picnic table and signs. These improvements would either result in a positive impact on the visual quality of the land, or would result in a physical change that is minor and insignificant. MitiQation Measures: No mitigation measures are required. Recreation As discussed above, the purpose of the prese=~e and park land is to provide maintain a low intensity recreation use and to protect the natural values of the land. The land presently provides access to the public for hiking, bicycling and equestrian use. The Palo Alto Comprehensive Plan Update recommends no changes to the current use of or operation of the preserve and park land. This update however recommends a new bicycle trail along Arastradero Road. Impacts: The purpose of the proposed management plan is to provide improvements to and on-going maintenance measures for the land. The management plan does not propese to change the basic land use, intensity or general activities on the land. Consequently, the management plan would have no impact on current recreation use of City adopte~l recreation policies governing over this land. Mitiaation Measures: No mitigation measures are required. 96-EIA-27 P:\EIA\arstmgnt.eia (8/96)21 Attachments: Attachment #1 : Attachment #2: Attachment #3: Vicinity Map Location Map Site Plan 96-EIA-27P:\EIA\arstmgnt.eia (8/96)22 LADERA ATTACHMENT #1 COYOTE HILL ,, ATTACHMENT #2 Location Map ATTACHMENT #3_ Site Plan i ( ......./ / .... :’- ’k,I .’’,\/) I " (